Posted by
CKHustler on Monday, March 30, 2009 10:26:36 PM
The Judiciary Department
From McLEAN'S Edition, New York.
HAMILTON
Federalist Paper #78
"impartial administration of the laws. "
I have had enough rulings based on agenda's. If there is no law in place for the jurisdiction of the courts to make a ruling, then they cannot rule based on their opinion! This activism that is a constant must stop if we are to ever keep our freedoms. Little by little these judges overrule the people, or produce new laws based on nothing. To take this a step further and move to the Attorney Generals, Glenn Beck had the AG of Connecticut on his show today and was grilling him on the bonus pursuit he is engaging in. The guy is trying to force the bonuses out of the AIG employees, yet when asked by Beck which law enabled him to do so, he couldn't name one. On a side note, the guy talked extremely slow and you could tell he was a total bureaucrat in the way that he never gave a direct answer. Beck got pretty worked up, but he made his point clear and I feel the same way he does. I am against the taxpayer money going to these guys in the form of bonuses, but we CHOSE to bail them out and these bonuses are protected by law. Now that we have chosen the path we did, we are obligated to follow through.
"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."
I believe he is wrong here. Jefferson makes numerous statements about how the judiciary department is the MOST dangerous branch of the government. In all other parts of the government, there is a check against them, in the immediate, if they decide to do something. If the president decides to sign a law into effect that the legislature passed through, but the law is unconstitutional, the judiciary department can IMMEDIATELY stop them in their tracks. If the judiciary begins making activist decisions that remove freedoms from the people, or are otherwise detrimental, the impeachment process could take a while, and during that time, there is nothing to stand in the way of the judge. Once a ruling is made, it is tough to reverse the consequences. I remember Hamilton speaking on how uncommon the use of the impeachment powers against the president will be used, well, I believe the same can be said about the judges. What would it take to remove them from their positions? That is the only check against them. In the other two branches, they must rely on each other to be the checks, but the judiciary can make any ruling they please and claim it is an interpretation of the constitution. I wholeheartedly disagree with his assessment of the power of the judiciary branch of the government.
"For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers.''
I suppose this is where my argument may fall. It could be argued that the courts may only pile upon an already existing problem. They may not begin the sequence of events because the other branches would not follow their lead on the rulings. What is happening today is the abuse of the court system. The courts are the final arbiter when it comes to the law and the liberals are using them to their fullest extent. It first starts with the respective legislative and executive branches of their states, but when they find they cannot get the job done, they find a single judge who will side with them on that issue and suddenly that is the new law. So I guess I can compromise with Hamilton here. If the political winds are pushing the way of freedom, the judiciary department will not be able to stop it. I will add that there is no other branch that may do so either in any case, so I find this a reason for the weakness of the branch to be a moot point. However if there is a slight push for activism, the judges are the most dangerous as a single person can create laws from thin air without punishment in many cases. There is no prerequisite for how they can use their powers as they do not rely on the other two branches when it comes to ruling on the law. They can take away sweeping powers in a single swift movement. They can turn a mild case of usurpation into a free for all of power grabbing, if they choose. I still conclude that they are the most dangerous of all the branches of government.
I would also like to make the observation that there can be no total usurpation of power without the judiciary department on the side of the usurpers. The only way to take control of liberty is to do it quietly or by force. There can be no talking people out of their freedoms with the people being fully aware of the consequences. By force would be impossible in our country as set up by the 2nd amendment, so we can dismiss that case altogether. Taking our freedoms quietly can only be done if the judiciary department takes part in the objective. If the judiciary does their job, they can alert the people to the agenda of the government. They are the holders of the laws and with that they can decree the usurpation of powers to be unconstitutional and preserve liberty where the other branches could not. They could also take part in the coup and the subtle exchange of power would go unnoticed. Since they are the final word on the laws, they must take part. This could be said of all the branches, but this just proves that they are no weaker to any usurpation of power than any other.
"No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm,...that the representatives of the people are superior to the people themselves"
How many laws today can be found in the Constitution? How many laws must be removed because of the constitutionality of them? To allow the government to pass unconstitutional laws is to affirm what Hamilton says here. They are NOT above us! They work for us! For some reason people believe those in our government to be above the rest in some way or another. They are just other people in this country, same as your next door neighbor is. They were voted into office, just as you could be if you chose to try. They are no smarter than anyone else, simply because they are in that position. In fact, some of them have never done anything but hold public office and I cannot imagine how that would help them in any way to create estimations on what their ideas will do to the economy. They all have certain areas they are more educated in, just as we all have interests and with that they do not know everything about everything, or anything for that matter. Just as I do not know much about details on how to run GM, neither do they! I can tell you generalities, just as they can. Why do we put so much trust in our elected officials? I will never know.
"If it be said that the legislative body are themselves the constitutional judges of their own powers"
It is said...who in the heck would say something like that? Thats like telling me that I create my own laws for myself and if I break them, I will throw myself into jail. If you had the power to create your own laws, only for yourself, and you broke them, or wanted to do something, tell me you wouldn't change the law for yourself. I know I would. A check from another place is always a good idea.
"that the courts were designed to be an intermediate body between the people and the legislature"
The legislature creates the laws, courts check them and the executive enforces them. For the courts to go activism and create the laws themselves is to remove the legislature and put those powers in the judiciary. For the judges around the country to do as they have is to usurp the power of two branches into the judiciary. A breach in the Constitution.
"If there should happen to be an irreconcilable variance between the
two, that which has the superior obligation and validity ought, of
course, to be preferred; or, in other words, the Constitution ought to
be preferred to the statute, the intention of the people to the
intention of their agents."
Just some more backup on how we must hold within the Constitution, even if the people believe otherwise in their fad of beliefs. The Constitution is very open ended intentionally so as not to handicap the country in any way in the future. To breach the Constitution means doing something explicitly prohibited. So how can anyone argue against anything said in the Constitution? Such as the 2nd amendment?
"These sometimes extend no farther than to the injury of the private
rights of particular classes of citizens, by unjust and partial laws."
I wonder if the courts will do anything when the legislative branch passes a law of a 90% tax rate on the AIG bonuses. We will see I guess.
"who, perceiving that obstacles to the success of iniquitous intention
are to be expected from the scruples of the courts, are in a manner
compelled, by the very motives of the injustice they meditate, to
qualify their attempts."
I know that the courts are there to keep them in line, but I believe that each law passed must prove its constitutionality. This would remove many laws that could come to pass simply because the current situation brings a bill to pass on a whim. We are a country of laws, not men. Prove your new law is constitutional, or it shall not be voted upon is my belief.
"Considerate men, of every description, ought to prize whatever will
tend to beget or fortify that temper in the courts: as no man can be
sure that he may not be to-morrow the victim of a spirit of injustice,
by which he may be a gainer to-day."
Here is my argument against the supreme court ruling on abortion. It is not the role of government to rule on a moral subject such as abortion. That issue should be sent to the states independently for ruling. The pro-choice crowd may cheer today, but they may be ruled against on another issue and whine about it then. Its that old saying about the people in Germany before WW2. First they came for the gypsies and I was not one, so I didn't say anything. Then they came for the polish and I was not one, so I didn't say anything. Then they came for me and there was nobody left to speak up for me. Issue by issue with a small opposition. Even if we get a ruling we agree with, we must all fight against all rulings that do not fall under their jurisdiction.
"All that is necessary for evil to triumph is for good men to do nothing" Edmund Burke