A foundational principle of our democratic republic is that the will of the people is the basis of the government’s authority. This principle is one of the “self-evident” truths in the Declaration of Independence: “Governments are instituted among Men, deriving their just powers from the consent of the governed.”

We are all familiar with the phrase “freedom is not free.” This often-repeated phrase reminds us that the many freedoms we enjoy in the United States—the most individual freedoms possessed by any citizens in the world—only came about because generations before us paid a price, and in some instances the ultimate price. The price earlier generations paid allows us today to enjoy the many freedoms we too often take for granted.

Judges are bound by the rule of law. But the rule of law is not inflexible. Judicial discretion is the power judges have to exercise their judgment, act based on the evidence before them, and consider the circumstances of individual cases. It enables judges to make decisions based on the facts in front of them and allows for flexibility when the situation calls for it.

In our last two articles, in recognition of the 250th anniversary of the Declaration of Independence, we discussed how that document laid the foundation for the rule of law and the right to trial by jury. In this article, our last before the anniversary, we will discuss how the Declaration also laid the foundation for an independent judiciary.