A Quote by Alexander Hamilton
. . . [The Judicial Branch] 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.
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The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion.
People assume that the executive branch has more power than it actually has. Only the legislative branch can create the laws; the executive branch cannot create the laws. So, if the executive branch tries to create a branch one side or the other... you go back to the founders of the nation. They set up a system that ensures that it doesn't happen.
The executive branch has grown too strong, the judicial branch too arrogant and the legislative branch too stupid.
Apparently a great many people have forgotten that the framers of our Constitution went to such great effort to create an independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges.
It's really not a stretch. The checks and balances are the same. The drums are the executive branch. The jazz orchestra is the legislative branch. Logic and reason are like jazz solos. The bass player is the judicial branch. One our greatest ever is Milt Hinton, and his nickname is "The Judge."
As President Franklin Delano Roosevelt learned when he tried to pack the Supreme Court, the three branches of government are coequal for a reason. Neither the executive branch or the legislative branch should use the third branch to a pursue a partisan agenda.
We repeat and again reaffirm that neither a State nor the Federal Government can constitutionally force a person "to profess a belief or disbelief in any religion." Neither can constitutionally pass laws or impose requirements which aid all religions as against nonbelievers, and neither can aid those religions based on a belief in the existence of God as against those religions founded on different beliefs.
The United States must be neutral in fact as well as in name.... We must be impartial in thought as well as in actiona nationthat neither sits in judgment upon others nor is disturbed in her own counsels and which keeps herself fit and free to do what is honest and disinterested and truly serviceable for the peace of the world.
A prejudice may be an unreasoned judgment, he [Hibben] pointed out, but an unreasoned judgment is not necessarily an illogical judgment. ... First, there are those judgments whose verification has simply dropped out of memory. ... The second type of unreasoned judgments we hold is the opinions we adopt from others ... The third class of judgments in Professor Hibben's list comprises those which have subconscious origin. The material that furnishes their support does not reach the focal point of consciousness, but psychology insists upon its existence.
As Alexander Hamilton said in 'The Federalist Papers,' law is about the exercise of judgment and not will. Judicial activism is best understood as substituting judicial opinion for the command of law. The law is not an infinitely malleable tool.
Most people have ears, but few have judgment; tickle those ears, and depend upon it, you will catch their judgments, such as they are.
Neither rejoice nor lament prematurely; for whatever may happen, all will be well if we only have health; for happiness exists--merely in the imagination.
Thought must never submit, neither to a dogma, nor to a party, nor to a passion, nor to an interest, nor to a preconceived idea, nor to whatever it may be, save to the facts themselves, because, for thought, submission would mean ceasing to be.
The executive branch of this government never has, nor will suffer, while I preside, any improper conduct of its officers to escape with impunity.
The immature conscience is not its own master. It simply parrots the decisions of others. It does not make judgments of its own; it merely conforms to the judgments of others. That is not real freedom, and it makes true love impossible, for if we are to love truly and freely, we must be able to give something that is truly our own to another. If our heart does not belong to us, asks Merton, how can we give it to another?
There is no such thing as justice in the abstract; it is merely a compact between men in their various relations with each other, in whatever circumstances they may be, that they will neither injure nor be injured.
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