Tuesday, March 22

THE FEDERALIST NO. 78 (ALEXANDER HAMILTON)

From "The Federalist -- A Commentary On The Constitution Of The United States," I cite the following excerpts from "The Federalist No. 78", authored 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. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgement; and must ultimately depend upon the aid of the executive arm for the efficacy of its judgements.

This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power.
What would Alexander Hamilton be obliged to write now were he alive to observe the rulings of Circuit Court Judge George Greer and U.S. District Judge James D. Whittemore? What would he be obliged to write now were he alive to observe the Executive's unfathomable impotence in the Terri Schiavo case? What would he be obliged to write now were he alive to observe a Florida state court judge's defiance of Congressional subpoenas? Does anyone contest for a minute that Judge George Greer has demonstrated WILL, time and time again? If you think WILL has never entered his courtroom vis-a-vis countless motions filed over the years by the Schindlers' attorney, then you had better start doing your homework.