A lot of bad things on all sides result from the internecine destructive tug of war between our two diametrically different parties.

To start with, the Federalists inordinately strengthened the judiciary, fearing the radical Jacobinism of Jefferson’s Party. This produced, in Marbury v Madison, a permanent deference of government towards the judiciary that legally allows the activism of “legislating” from the bench which so many decry. This power-play meddling by the Courts is generally thought not to be in the interest of either the Republic, property, or individual rights.

Thus it is more a matter of mutual “deference” than judicial deference.  The Courts can not, and should not, be used to save us from bad government, and government should not be needed to save us from a bad judiciary.

If the judiciary were back in its proper place, restricted to just deciding case law instead of ruling on the constitutionality of the laws that are passed by a democratically elected Congress, and then trying to excessively set “precedents” designed to bind other judges and elected officials, then we would not have these problems growing out of mutual deference being so pervasive.

The problem is the judiciary first overstepping its boundaries, via Marbury v Madison, and then not being reined in by Congress since that time. Thus Congress, in effect, has been improperly “deferring” to the Courts all this time. In response, the judiciary, in effect, has been giving back some of their ill-gotten gains by in turn “deferring” to government. Each party if out of order and the public suffers.

Thus the initial corruption of the Constitutional framework to protect against early Jeffersonian French Socialism has finally led to this orgy of mutual “deference” which has not been good for the Republic, the People, or their Property.