Introduction
Constitutional democracy strikes a delicate balance between the rights of individuals and the needs of society. It balances the principles of majority rule with respect for minority rights. And it does so by dispersing power between the branches of government and citizens, ensuring that each branch remains within the confines of its authority and that no single branch can wield unlimited powers. 

Legislators and members of the Executive Branch are generally responsive to the will of the majorities that elect them, but judgees are actually required to ignore the will of the majority if it runs counter to the Constitution. The obligation of judges to make decisions not based on popular opinion but, instead, on the basis of law places judges squarely in the cross hairs of some of today’s most controversial public policies. Issues ranging from wireless wiretaps, to environmental protection, gun ownership, flag burning, gay marriage, affirmative action, and many more are all subject to the scrutiny of the courts. 

Yet recent studies suggest that a great many Americans don’t fully understand the separation of powers or its importance to our system of democracy. Fewer still understand the meaning and purpose of judicial independence. Civics education and the media have familiarized citizens with many important constitutional issues such as the exclusion of illegally seized evidence or the right to counsel. But the connection between the role of judges in applying these laws fairly and evenly in all cases and the safeguarding of our civil liberties is not always clear.  

The independence of the judiciary is the cornerstone of the branch’s power. It ensures the judiciary the ability to consider the facts and the law of each case with an open mind and reach an unbiased judgment without fear of political pressure or other reprisal. And it is the independence of the judiciary that ensures impartiality.