Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: GOPcapitalist

>>>Aside from the fact that this meant, to Lincoln, simply IGNORING the rulings you don't like, it is of far greater importance to consider his understanding of the legitimate scope of federal executive power. In that area his motto was essentially "anything goes if I say so."<<<

The Federalist No. 78

ALEXANDER HAMILTON
May 28, 1788

…all judges who may be appointed by the United States are to hold their offices DURING GOOD BEHAVIOR… The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government. In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.

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 judiciary…. 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.

…from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate branches;

Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power. It is urged that the authority which can declare the acts of another void, must necessarily be superior to the one whose acts may be declared void. As this doctrine is of great importance in all the American constitutions, a brief discussion of the ground on which it rests cannot be unacceptable.

Court excerises judgement, not will or force


JEFFERSON VS. HAMILTON Confrontations That Shaped a Nation, Noble E. Cunningham Jr. New York: St. Martin's Press, 2000


13 posted on 03/06/2003 11:50:02 AM PST by Remedy
[ Post Reply | Private Reply | To 7 | View Replies ]


To: Remedy
And your point is???
14 posted on 03/06/2003 2:46:11 PM PST by GOPcapitalist
[ Post Reply | Private Reply | To 13 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson