The OTHER Founding Fathers
Gary Bauer recently wrote: "Alexander Hamilton explained in the Federalist Papers that the Judiciary was to be the "least dangerous branch" of government. But there is something grossly wrong with our "representative democracy" when one unelected, unaccountable judge can overturn the will of the other two elected branches of government."
Hamilton was blind to the courts' potential abuses, but not all were. Check out Robert Yates' Anti-Federalist essays written under pen name, Brutus. Particularly AntiFederalist #81, titled The Power of the Judiciary #3.
Truly prophetic writing! Yates, the Chief Justic of New York, saw this as a fatal flaw in the proposed Constitution and wanted modifications to the document to stop what we are now dealing with everyday--the federal robed masters. Here's an excerpt, though you'll want to read the entire essays by Brutus on the Courts--trust me, you won't believe that they were written in 1789, but they were! It's like he had seen today and written about it last week.
"...Tthe judicial power of the United States ... would be authorised to explain the constitution, not only according to its letter, but according to its spirit and intention; and having this power, they would strongly incline to give it such a construction as to extend the powers of the general government, as much as possible, to the diminution, and finally to the destruction, of that of the respective states. I shall now proceed to show how this power will operate in its exercise to effect these purposes. . . . First, let us inquire how the judicial power will effect an extension of the legislative authority. ... "We have seen, that they will be authorized to give the constitution a construction according to its spirit and reason, and not to confine themselves to its letter." "
I think one of Judge White's favorite sayings is appropriate here: "We don't know what we don't know."
Incidentally, I sent this to Gary, and he was appreciative. I like approachable people. :)
Hamilton was blind to the courts' potential abuses, but not all were. Check out Robert Yates' Anti-Federalist essays written under pen name, Brutus. Particularly AntiFederalist #81, titled The Power of the Judiciary #3.
Truly prophetic writing! Yates, the Chief Justic of New York, saw this as a fatal flaw in the proposed Constitution and wanted modifications to the document to stop what we are now dealing with everyday--the federal robed masters. Here's an excerpt, though you'll want to read the entire essays by Brutus on the Courts--trust me, you won't believe that they were written in 1789, but they were! It's like he had seen today and written about it last week.
"...Tthe judicial power of the United States ... would be authorised to explain the constitution, not only according to its letter, but according to its spirit and intention; and having this power, they would strongly incline to give it such a construction as to extend the powers of the general government, as much as possible, to the diminution, and finally to the destruction, of that of the respective states. I shall now proceed to show how this power will operate in its exercise to effect these purposes. . . . First, let us inquire how the judicial power will effect an extension of the legislative authority. ... "We have seen, that they will be authorized to give the constitution a construction according to its spirit and reason, and not to confine themselves to its letter." "
I think one of Judge White's favorite sayings is appropriate here: "We don't know what we don't know."
Incidentally, I sent this to Gary, and he was appreciative. I like approachable people. :)
posted by Jason at 8/27/2004 11:06:00 PM
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