To what extent are
decisions of federal courts binding on the legislative and executive branches
of the federal government? Rarely have the other branches flouted court
decisions, but most scholars believe that the Framers did not contemplate that
the other branches were obliged to submit to judicial interpretations of the
law, including the Constitution. That a handful of unelected judges with
lifetime tenure could impose their decisions on the entire nation is arguably
inconsistent with democratic government. However, if the elected branches of
government can ignore judicial decrees, the promise of the Constitution to
protect minorities from the politically ascendant faction of the moment may be
broken. The possibility that each branch might persist in its own
interpretation of the law also raises the prospect of confusion arising from
conflicting commands.