[Billthedrill]

There is a rather interesting school of legal thought named Declarationism, whose proponents favor incorporating the Declaration of Independence into formal American jurisprudence, largely around principles of natural law that informed the Declaration. That opens up a rather sweeping critique of case law as it is currently implemented in the United States.

Clearly these principles were in the minds both of the Federalists and the anti-Federalists as well, and will develop as we continue our study of the Federalist Papers. Fascinating stuff.

[Loud Mime]

42 The Legislature must be controlled by the Constitution and not the Constitution by them

Bingo! That is the problem! No matter what system one uses, things will work out for the better if the correct minds take the seats. The debate on this matter is if one system of selection is better than another, or if one system has fatal flaws and another living grace. It is unending.

Reading the posts on this thread takes me back to the first Federalist.

The power to judge has to be given to one area of government. Some faction is going to get/take that power......as power abhors a vacuum.

I think if the critics were to be appointed as the judges, they would have no argument with the system that delivered their seats of power, even if they paid cash money for them.