Ruth Bader Ginsburg Quotes
Legislators know much more about elections than the Court does.
See John Marshall's later (1803) use of the concept and term "repugnant." {606483}
Marshall did not crate this concept or some its phraseology out of whole cloth. See Rufus King {610245} for a Constitutional Convention basis for the statement.
Jefferson’s fears were later reinforced by John Marshall in Marbury v. Madison {606468}
There are many methods of voting in a legislative body. “Viva Voce” is Latin for “by Voice” and is often called a “Voice Vote”. Voting by ballot takes longer but had the advantage or disadvantage of secrecy. The theory was that if the New York Legislators could vote in a secret ballot, the lobbies and special interests would not be as influential since they would never know for sure—unless there were a unanimous vote—how any particular legislator voted. A further advantage is that Party Discipline could not be imposed and parties or “factions” as they were then called would be less powerful—a great concern of all the patriots who tended to distrust parties. The disadvantage was that the people who elected the legislator would never know how he voted. Note the frank admission that this was an “experiment”. Americans of the era realized that almost everything they were doing was a political experiment and this introduced a pragmatic force into structure and procedures of American politics.
Joan Ruth Bader Ginsburg was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in September 2020. She was nominated by President Bill Clinton, replacing retiring justice Byron White, and at the time was generally viewed as a moderate consensus-builder. She eventually became part of the liberal wing of the Court as the Court shifted to the right over time. Ginsburg was the first Jewish woman and the second woman to serve on the Court, after Sandra Day O'Connor. During her tenure, Ginsburg wrote notable majority opinions, including United States v. Virginia (1996), Olmstead v. L.C. (1999), Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc. (2000), and City of Sherrill v. Oneida Indian Nation of New York (2005).