Is it important that the judicial branch to be totally seperated from the other powers?
Yes, it is, in fact, it’s incredibly important. The American system of government relies on the separation of powers and checks and balances. It keeps any one branch from getting too much power. For example, Congress passes laws, but if those laws aren’t constitutional, the Courts can declare them unconstitutional and they are no longer laws. In that way Congress cannot do whatever they want, someone has the authority to question and overrule them. However, the judicial branch is appointed by the executive branch, with the advice and consent of the Senate. In this way, the Legislative and Executive have some control over the judicial. The whole system is set up in a careful balance to keep any one group from having too much power, which is why it has worked so well for 200 years.
Crucially important! The tremendous – some would say excessive – power of the Executive Branch (Busher II) to give orders for things like wrongful detention (Guantanamo imprisonment without trial for extended periods) unhampered by opposition from a gutless, utterly ineffective Legislative Branch (House of Representatives, Senate) may yet be restrained by an independent Judicial Branch (Courts) – one in which judges are not hamstrung by partisanship (loyalty to one political party or other). For example, U.S. Supreme Court’s decision against Busher II’s need to send certain accuseds away for torture is some indication of judicial independence – acting AGAINST the Executive’s wishes. It may even pave the way to trials for Busher and his Filthy Few for war crimes in Iraq.
