Author: John Taylor
Publisher: Theclassics.Us
Published: 2013-09
Total Pages: 106
ISBN-13: 9781230421261
DOWNLOAD EBOOK →
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1822 edition. Excerpt: ... er of impeachment which causes Congress so patiently to receive State powers through the same channel ?-- The question is, whether the general idea attached to judicial power is, that its office is to distribute justice between individuals; or, whether it has been considered as extending to a right of distributing powers between political departments. It is contended that the great latter power, never before thought of by any political theory, has been tacitly conveyed by the constitution to the Supreme Court without any provision against its abuse. The novelty of the doctrine, the silence of the constitution, and the absence of any effectual check upon a power so enormous, are strong proofs, that the rights of both Federal and State governments, were not intended to be surrendered to six men, so as to make them administrators of powers to political departments, and guardians of the guardians of liberty; as well as of justice to individuals. Had the constitution considered the Supreme Court, as a political supervisor of departments entrusted with the preservation of liberty, it would have devised some security for enabling them to discharge, a trust so important, in case the court should have interrupted their efforts for effecting the great end of society. None was devised, because the universal idea of judicial power confined its operation to individuals, and had never extended it to political departments. The inherent right of self preservation was considered as attached to to the State and Federal departments, and of course there was no reason for prescribing the mode by which it should be defended against judicial aggression, especially as no power was given to the court to aggress at all. There is no difficulty in distinguishing...
