Its role always has been anti-democratic. Vested interests create “checks and balances” primarily to make political systems non-responsive to demands for social reform. Historically, therefore, the checks are politically unbalanced in practice. Instead of producing a happy medium, their effect often has been to check the power of the people to assert their interests at the expense of the more powerful. Real reform requires a revolution – often repeated attempts. The Roman Republic suffered five centuries of fighting to redistribute land and cancel debts, all of which failed as the oligarchy’s “checks” imposed deepening economic dependency and imbalance. The Supreme Court is America’s most distinctive check. Its deepening bias since its takeover by “conservatives” claiming to be “originalist” interpreters of the constitution, has led to the most widespread protests since Franklin Roosevelt ...
