Friday, July 30, 2010

What has happened...


They will give the sense of every article of the constitution, that may from time to time come before them. And in their decisions they will not confine themselves to any fixed or established rules, but will determine, according to what appears to them, the reason and spirit of the constitution. The opinions of the supreme court, whatever they may be, will have the force of law; because there is no power provided in the constitution, that can correct the errors, or control their adjudications. From this court there is no appeal... When there is nothing in the constitution expressly against it? and they are authorized to construe its meaning, and are not under any control? This power in the judicial, will enable them to mold the government, into almost any shape they please... Perhaps nothing could have been better conceived to facilitate the abolition of the state governments than the constitutional of the judicial.....Robert Yates, Federalist Papers, 1787.

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