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The independence of the judiciary cannot be assumed. The creation and maintenance of an independent judiciary are difficult political problems, chiefly because independent social and political institutions necessarily make life more difficult for those holding political power. Powerful political actors constantly face the temptation to subvert judicial independence and transform the court system into a more malleable political instrument serving their own immediate needs. Such temptations may be particularly great when the courts become obstructive and the means for overpowering the courts seem readily at hand. The constitutional response to this difficult problem is to attempt to insulate the courts from political pressure. The US Constitution employs various devices to this end, including giving federal judges lifetime appointments and prohibiting the reduction of their salaries. Of course, there are limits as to how …