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During the semester, I shall post course material and students will comment on it. Students are also free to comment on any aspect of American politics, either current or historical. There are only two major limitations: no coarse language, and no derogatory comments about people at the Claremont Colleges. This blog is on the open Internet, so post nothing that you would not want a potential employer to see. Syllabus: http://gov20h.blogspot.com/2023/08/draft-introduction-to-american-politics.html

Wednesday, October 15, 2014

Law and Judiciary II

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 judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Reasons for increasing judicial power (Amar, pp. 216-218):






From Topkis's comments:
Now, this bill was of course drafted by a theologian, or somebody versed in apologetics.
There's an amusing bit of evidence on that subject in the very language of the bill.
The bill keeps using... the Act keeps using the term "evidences" in the plural.
We lawyers never speak of "evidences" in the plural.
We speak of "evidence", the singular.
And I got nagged by it, and I looked it up the other day.
And of course the only dictionary reference to "evidences" is to Christian apologetics: the evidences for Christianity.
This is a matter of theological disputation.
SCOTUS biographies 

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