Replies

Hamilton, I think, wrote in the Federalist that although the judiciary would inevitably be called upon to review the constitutionality of laws, it was the least dangerous branch of government, because it could be de-funded if necessary. Has that threat ever been used against it?

Not quite. He did write that they would have to take perfrom judical review, but wrote that they are the least dangerous because they do not have executive power, not becaase they can be defunded.

The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Federalist Paper 78: The Judiciary Department

The judiciary cannot be defunded, if by that you mean cutting the salaries of judges.

Article III. Section. 1.
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Still working on your reply to my objections to your list?

Still working on your reply to my objections to your list?

I think applying Biblical law to this generation is something like asking a fat, indolent teenager to consider the marine corps. He knows it would be good for him but he considers nigh to impossible. Does that answer your question?

The judiciary cannot be defunded, if by that you mean cutting the salaries of judges.

Thanks for the distinction. When was the last time the executive applied the brakes to the judiciary? Was Hamilton just being hopeful?