The third branch.

• Author: Aronovitz, Tod
• Position: Florida courts, board certification

Our courts are strong! All Floridians can rest assured that the judges of Florida act in accordance with the clear language of our Florida Constitution. We, in Florida, are governed by three co-equal branches of government.

Article V of the Florida Constitution states that the Florida Supreme Court shall have exclusive jurisdiction to hear appeals on death penalty final rulings, to rule upon the validity of state statutes, to construe provisions of the Florida or U.S. Constitution, to compel or prohibit the actions of state officers, and to rule upon other matters.

Recent statements of a few require comment on behalf of all Floridians. Just as Floridians have placed confidence in our Executive Branch and Legislative Branch representatives by voting them into office, so too do citizens expect and depend on those within these branches of government to uphold their oaths and to abide by the terms of our Florida Constitution. In 1885, our Florida founders carefully crafted and enacted the Florida Constitution. It creates the courts of Florida and requires their independence.

Some in Tallahassee have recently commented about their judicial philosophy, stating that it is "abundantly clear" that courts profoundly affect our everyday lives and note that: 1) the increasing power of courts in our society should not come at the expense of institutions that have a more legitimate claim to govern our lives; 2) the courts have substituted their own personal views for the laws enacted by the people and their representatives ... courts have seized control over policy decisions that are not theirs to make and do not adhere to the foundational principle of separation of powers; 3) there is a need for judges who are "humble about their judicial role ... humble in the sense that they know courts are not mini-legislators or governors"; and 4) a healthy respect for the people's right of self government and a strong dose of humility are absolute prerequisites for a good judge.

The Evolution of Judicial Independence

Over 200 years separate the U.S. Constitution framers' understanding of judicial independence from ours. Intervening history has had an obvious impact on the course of the judiciary's institutional decisional independence. Decisional independence enables the judiciary to make impartial decisions and to keep the political branches in check. This relationship was put to an early test in the landmark case of Marbury v. Madison, decided in 1803. What made...