Narrow scope of judicial power was the reason that people accepted the idea that the federal courts could have the power of judicial review; that is, the ability to decide whether a challenged law comports with the Constitution.
Sam Brownback[Felix Frankfurter] said courts are not representative bodies. They're not designed to be a good reflex of a democratic society. Their judgment is best informed and, therefore, most dependable within narrow limits.
Sam BrownbackThe people believed that while the courts would be independent, they would defer to the political branches on policy issues.
Sam BrownbackAnd you can claim whatever you want to of being pro-life or pro- choice, but the right to a abortion is not in the Constitution. The court created it. It created a constitutional right. And these decisions removed a fully appropriate political judgment from the people of the several states and has led to many adverse consequences.
Sam Brownback