It’s an odd disconnect that Lincoln is justly considered perhaps the greatest statesman in the history of our country, yet his rejection of judicial supremacy that was so central to his view of our system is roundly ignored.
It is certainly true that presidents defying the court willy-nilly would be a formula for chaos. But you see a Lincolnian political resistance to the court in the anti-abortion movement. For decades now, it has refused to accept the legitimacy of Roe v. Wade, has used every possible lever of legislation and public persuasion to move the needle in an anti-abortion direction, and won’t rest until the decision is overturned.
The same attitude is evident in the Democratic opposition to Citizens United that looks to become a long-term political cause.
The fundamental point is that it is not just the executive or Congress that can abuse its power and overstep its bounds. The courts can, too, and no one is obligated to meekly accept their decisions.
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