Alexander Hamilton Quotes
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…
Hatch was the chairman of the Senate Judiciary Committee at the time.
One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.
In 2002 the corrupt Indonesian Courts ruled that a very solvent Canadian company Manulife was bankrupt so that others could get control. The international financial and political community wanted the Indonesian government to intervene and reverse the rulings, but historically the courts had no independence and had been tools of the government.
This constitution was written 7 years before the national constitutional convention. It shows that there was concern about the separation of powers in United States even before the Constitution was drafted. See {616750} for an even clearer statement of the separation of powers principle.
Some of the Founding Fathers did not conceive of the kind of judiciary where Federal courts could nullify an act of the Congress by declaring a law unconstitutional. Morris was one. Others did. The Constitution is not very explicit on this point, but the nation has settled with a process that would have surprised Morris and a few others.
Jefferson, like most Presidents and ex-presidents, had his concerns about the judiciary and judicial checks, especially of the Executive Branch.
The New Deal liberal Democrats had complained that the Supreme Court was making national policy and law and not interpreting law. They tried to pack the Supreme Court by adding more justices who would be more sympathetic to the New Deal. (See {587549}.) At the beginning of the 21st century it was the conservative Republicans who were making the same claim that the Supreme Court was making law and not interpreting it. The pattern seems to be when the court votes for your side, they are interpreting the law. When they vote for the other side, they are activist—making law improperly.
The drafters of the Constitution were well aware of this view of Montesquieu’s which was one of the main bases of separation of powers and checks and balances in America.
- Born: January 11, 1755
- Died: July 12, 1804
- Nationality: American
- Profession: Politician
Alexander Hamilton was an American statesman, politician, legal scholar, military commander, lawyer, banker, and economist. He was one of the Founding Fathers of the United States. He was an influential interpreter and promoter of the U.S. Constitution, as well as the founder of the nation's financial system, the Federalist Party, the United States Coast Guard, and the New York Post newspaper. As the first secretary of the treasury, Hamilton was the main author of the economic policies of George Washington's administration. He took the lead in the federal government's funding of the states' debts, as well as establishing the nation's first two de facto central banks, the Bank of North America and the First Bank of the United States, a system of tariffs, and friendly trade relations with Britain. His vision included a strong central government led by a vigorous executive branch, a strong commercial economy, government-controlled banks, support for manufacturing, and a strong military.
