The federal government of the United States of America was intended by the country’s founding fathers to be a constitutional republic.
As a constitutional republic, the United States government is controlled by its Constitution, which sets forth the relative political power of the people, the federal government, and the state governments. As a federal republic, the power ultimately sits with the people through their ability to elect their federal and state representatives. The federal government is restricted by the sharing of power with the states as delineated in the Constitution. Although some people like to call the United States a democracy, this is technically not the case because people do not directly control legislation, but only do so through their elected representatives.
That was their intent and their dream. However, over time and in more recent years the power of the people has eroded and the de facto government has become more of a government by the few, i.e., an oligarchy. This erosive effect is largely due to America’s citizenry underestimating the power of stupid people in large groups.
The Supreme Court has a special role to play in the United States system of government. The Constitution gives it the power to check, if necessary, the actions of the President and Congress.
It can tell a President that his actions are not allowed by the Constitution. It can tell Congress that a law it passed violated the U.S. Constitution and is, therefore, no longer a law. It can also tell the government of a state that one of its laws breaks a rule in the Constitution.
The Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all — the Constitution.
Now the Court is more intent on usurping Congressional responsibilities by making laws. This is the fault of both congressional houses due to their collective negligence and nonperformance with regard to doing their jobs pertaining to their respective responsibilities to the U. S. citizenry. In reality, true checks and balances by the collective executive, judicial, and legislative branches, no longer exist as originally intended.