Anti-Federalist papers 78-82 - The Power of the Judiciary (warning about Tyrants in Black Robes)

Anti-Federalists | 1788 | Brutus

[Dan from Michigan]

BTTT

[John Lenin]

Time to wake up, most politicians are lawyers and know exactly what is going down. Is this a backdoor move by our government to destroy the constitution (what's left of it) and allow international law to take over ?

[atomicweeder]

There is a solution. The one thing the Supreme Court cannot overrule is the Constitution itself (although they certainly interpret it loosely).

We can have a Constitutional Amendment that puts the ultimate power back on Congress. If Congress votes, in quorum, by a 2/3 majority (House and Senate independently) to overrule a Supreme Court decision, then it's overruled.

I think such an amendment would have a lot of support among the people.

[Qwinn]

"I think such an amendment would have a lot of support among the people."

I don't. Liberals know they can't enact their agenda democratically, so they enact it via the Courts. Thus, they will oppose any measure that actually puts power back in the hands of elected representatives. You'll never get your 2/3.

Qwinn

[Dan from Michigan]

BTTT

[secretagent]

From part 1, paragraph 3:

The judges in England, it is true, hold their offices during their good behavior, but then their determinations are subject to correction by the house of lords; and their power is by no means so extensive as that of the proposed supreme court of the union. I believe they in no instance assume the authority to set aside an act of parliament under the idea that it is inconsistent with their constitution. They consider themselves bound to decide according to the existing laws of the land, and never undertake to control them by adjudging that they are inconsistent with the constitution-much less are they vested with the power of giv[ing an] equitable construction to the constitution.

I don't understand the meaning of "equitable construction to the constitution".

[Dan from Michigan]

The meaning I received from that is "making their own laws" because of lack of checks on judicial power.

[secretagent]

Thanks.