A Quote by Thomas Jefferson
A judiciary independent of a king or executive alone, is a good thing; but independence of the will of the nation is a solecism, at least in a republican government.
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While the seeming independence of the federal judiciary has played a vital part in making its actions virtual Holy Writ for the bulk of the people, it is also and ever true that the judiciary is part and parcel of the government apparatus and appointed by the executive and legislative branches.
Independence of Judiciary means independence from Executive and Legislature, but not independence from accountability.
What's brilliant about the United States system of government is separation of power. Not only the executive, legislative, judicial branches, but also the independence of the military from civilians, an independent media and press, an independent central bank.
It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments.
My concerns through the years increased about the concerns of an independent judiciary and how we maintain it. Certainly in the states. I'm a product of state government in my own state of Arizona. And it seemed to me that the popular election of judges was creating major problems in many states, and we had improved the system in Arizona. And I thought the nation ought to at least rethink how we select our nation's trial judges in the states.
The constitution has divided the powers of government into three branches, Legislative, Executive and Judiciary, lodging each with a distinct magistracy. The Legislative it has given completely to the Senate and House of Representatives. It has declared that the Executive powers shall be vested in the President, submitting special articles of it to a negative by the Senate, and it has vested the Judiciary power in the courts of justice, with certain exceptions also in favor of the Senate.
It is a misnomer to call a government republican in which a branch of the supreme power is independent of the nation.
None of the constitutional, legal or other principles bars me from returning to the judiciary, since the judiciary remains independent if the actors remain independent and fair.
The whole body of the nation is the sovereign legislative, judiciary, and executive power for itself. The inconvenience of meeting to exercise these powers in person, and their inaptitude to exercise them, induce them to appoint special organs to declare their legislative will, to judge and to execute it. It is the will of the nation which makes the law obligatory.
In order to keep the judiciary independent of the executive, the constitution provided impeachment as the only method for disciplining errant judges.
The overreach of the judiciary can be attributed to, one, the inability of the executive to deliver; and two, the tendency to issue judicial pronouncements for national good. The second element is dangerous because that's the function of the government.
I think my legacy will be in what most people don't like about me: my style - the separation between judge and lawyers, judge and politics, the real independence of the judiciary from the executive, from the legislative, from money. I'm criticized in Brazil because of that. In the end, I hope to prevail.
I believe Watergate shows that the system did work. Particularly the Judiciary and the Congress, and ultimately an independent prosecutor working in the Executive Branch.
The Declaration of Independence pronounced the irrevocable decree of political separation, between the United States and their people on the one part, and the British king, government, and nation on the other.
My government has promised to comprehensively respect the independence of the judiciary.
Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, 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.
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