Judicial Discipline, Judicial Independence, and the Constitution: a Textual and Structural Analysis

Both the American Revolution and the nation which grew out of it adopted as their guiding political philosophy the principles of representationalism and accountability: Decisions of governing political and social policy are to be made, for the most part, by those who are both representative of and accountable to the populace.1 To be sure, those who framed our Constitution never contemplated either a direct or unlimited form of democracy. To the contrary, they inserted numerous republican-like speed bumps to democratic rule.2 The fact remains, however, that ultimate ac-