A Quote by Alexander Hamilton
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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There is no patriarchy or matriarchy in the garden; the two supervise each other. Adam is given no arbitrary power; Eve is to heed him only insofar as he obeys their Father--and who decides that? She must keep check on him as much as he does on her. It is, if you will, a system of checks and balances in which each party is as distinct and independent in its sphere as are the departments of government under the Constitution--and just as dependent on each other.
Those who wrote the Constitution clearly understood that power is dangerous and needs to be limited by being separated - separated not only into the three branches of the national government but also separated as between the whole national government, on the one hand, and the states and the people on the other.
Recognizing that the power of will is the supreme court over all other departments of my mind, I will exercise daily when I need the urge to act for any purpose; and I will form habits designed to bring the power of my will into action at least once daily.
What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them . . . the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.
In republican government the legislative authority necessarily predominates. The remedy for this . . . is to divide the legislature into different branches; and to render them by different modes of election, and different principles of action, as little connected with each other as the nature of their common functions, and their common dependence on the society, will admit.
As the Legislative, Executive, and Judicial departments of the United States are co-ordinate, and each equally bound to support the Constitution, it follows that each must in the exercise of its functions be guided by the text of the Constitution according to its own interpretation of it.
But cool and candid people will at once reflect, that the purest of human blessings must have a portion of alloy in them, that the choice must always be made, if not of the lesser evil, at least of the GREATER, not the PERFECT good; and that in every political institution, a power to advance the public happiness, involves a discretion which may be misapplied and abused.
A constitution is not the act of a government, but of a people constituting a government; and government without a constitution is power without a right. All power exercised over a nation, must have some beginning. It must be either delegated, or assumed. There are not other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.
[The judiciary is] the least dangerous branch of our government.
Judicial activists are nothing short of radicals in robes--contemptuous of the rule of law, subverting the Constitution at will, and using their public trust to impose their policy preferences on society. In fact, no radical political movement has been more effective in undermining our system of government than the judiciary. And with each Supreme Court term, we hold our collective breath hoping the justices will do no further damage, knowing full well they will disappoint. Such is the nature of judicial tyranny.
Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.
This revision of the Constitution will not be perfect. But at least the Constitution will not be inflexible. It will be a step towards the Social Europe which we wish.
If they are incorporated into the Constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the legislative or executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights.
Different people have different duties assigned them by Nature; Nature has given one the power or the desire to do this, the other that. Each bird must sing with his own throat.
When all government ...in little as in great things... shall be drawn to Washington as the center of all power; it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated.
There is no part of the administration of government that requires extensive information and a thorough knowledge of the principles of political economy, so much as the business of taxation. The man who understands those principles best will be least likely to resort to oppressive expedients, or sacrifice any particular class of citizens to the procurement of revenue. It might be demonstrated that the most productive system of finance will always be the least burdensome.
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