“The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority”

— Alexander Hamilton, Federalist Papers

The Federalist Papers (1787–1788)
Context: The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of the Courts of justice; whose duty it must be to declare all Acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.

No. 78

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Alexander Hamilton106

Founding Father of the United States 1757–1804

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“If no one can appeal to justice except to government, justice will be perverted in favor of the government, constitutions and supreme courts notwithstanding. Constitutions and supreme courts are state constitutions and agencies, and whatever limitations to state action they might contain or find is invariably decided by agents of the very institution under consideration. Predictably, the definition of property and protection will continually be altered and the range of jurisdiction expanded to the government’s advantage until, ultimately, the notion of universal and immutable human rights – and in particular property rights – will disappear and be replaced by that of law as government-made legislation and rights as government-given grants.”

Hans-Hermann Hoppe (1949) Austrian school economist and libertarian anarcho-capitalist philosopher

"Rothbardian Ethics" (20 May 2002) http://www.lewrockwell.com/hoppe/hoppe7.html

“If then the Courts of justice are to be considered as the bulwarks of a limited Constitution, against Legislative encroachments, this consideration will afford a strong argument for the permanent tenure of Judicial offices, since nothing will contribute so much as this to that independent spirit in the Judges, which must be essential to the faithful performance of so arduous a duty. This independence of the Judges is equally requisite to guard the Constitution and the rights of individuals, from the effects of those ill humors, which the arts of designing men, or the influence of particular conjunctures, sometimes disseminate among the People themselves, and which, though they speedily give place to better information, and more deliberate reflection, have a tendency, in the mean time, to occasion dangerous innovations in the Government, and serious oppressions of the minor party in the community.”

Alexander Hamilton Federalist Papers

No. 78
The Federalist Papers (1787–1788)

“Court proceeding,except for certain limited situations,are open to the public.This is for the protection of the accused,to be certain to ascertain that there is a fair trial.”

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“The powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained? The distinction, between a government with limited and unlimited powers, is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.”

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“It will be remembered, that the object of the several states in the adoption of that instrument, was not the establishment of a general consolidated government, which should swallow up the state sovereignties, and annihilate their several jurisdictions, and powers, as states; but a federal government, with powers limited to certain determinate objects; viz. their intercourse and concerns with foreign nations; and with each other, as separate and independent states; and, as members of the same confederacy: leaving the administration of their internal, and domestic concerns, to the absolute and uncontrolable jurisdiction of the states, respectively; except in one or two particular instances, specified, and enumerated in the constitution.”

St. George Tucker (1752–1827) Bermudan lawyer and judge

https://books.google.com/books?id=NTQ0AQAAMAAJ&pg=RA1-PA412 Page 412
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“This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court, in reality, substitutes its view of what should be so for the amending process.”

John Marshall Harlan II (1899–1971) American judge and Associate Justice of the Supreme Court (1899-1971)

Dissenting in Reynolds v. Sims, 377 U.S. 533, 624-25 (1964).

“Our constitution is comparatively a new constitution. It is based largely on the model of the British Constitution. As such it has history if not ancestry, which may well go back to centuries. It is being worked I venture to presume, successfully and to the satisfaction of all concerned although within the short period of 10 years, it has had to undergo not less than 7 amendments…The constitution is largely founded on the British Constitution. There are certain differences which are obvious. The British Constitution is a unitary constitution in which the Parliament is supreme, having no other authority sharing its power of legislation except such as may be delegated. Our constitution is a federal constitution in which the powers and functions of the Union Parliament and the State Legislatures are clearly defined and the one has no power or right to encroach upon the rights and powers reserved to the other.”

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“In the rare event that the Supreme Court refuses to play along—there is always a perfectly legal, extra-constitutional, quasi-legislative, quasi-executive, quasi-judicial, 'independent' regulatory commission or executive agency to kill off or override constitutional protections.”

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“[M]any of the most important Supreme Court decisions take the form of holding that a particular limit either has not been exceeded or, more fundamentally, that the asserted limit is not in fact part of the Constitution at all.”

Laurence Tribe (1941) American lawyer and law school professor

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“They knew, however, that self-government is still government, and that the authority of the Constitution and the law is still authority. They knew that a government without power is a contradiction in terms. In order that their President and their Congress might not surpass the bounds of the authority granted to them, by the Constitution which the people had made, and so infringe upon the liberties of the people, they established a third independent department of the government, with the power to interpret and declare the Constitution and the law, the inferior courts and the Supreme Court of the United States. No President, however powerful, and no majority of Congress however large, can take from an individual, no matter how humble, that freedom and those rights which are guaranteed to him by the Constitution. The Supreme Court has final authority to determine all questions arising under the Constitution and laws of the United States.”

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1920s, Ordered Liberty and World Peace (1924)

“The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority”

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Alexander Hamilton106

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