Advantages And Disadvantages Of Re-Righting The Constitution
Deniz Elaine Osman Feb. 2, 2018
America’s Written Constitution
Re-Righting the Constitution: The Judiciary Advantage
A judiciary that drives ahead of the legislature is unconstitutional and undemocratic in nature, whereas a judiciary that drives behind the legislature rests on a more democratic foundation provided that the legislature is mindful of popular sovereignty. As the judiciary contains members who are appointed and unelected, it is the branch most removed from the principles of popular sovereignty. For this reason, the ambitProf Amar of the judiciary’s expressed powers is more constrained than the legislature’s. Given this constraint, the judiciary can assert power over the legislature to determine constitutionality. The legislature …show more content…
Alexander Hamilton in Federalist 79 makes the historical argument,
The want of a provision for removing the judges on account of inability has been a subject of complaint. But all considerate men will be sensible that such a provision would either not be practiced upon or would be more liable to abuse than calculated to answer any good purpose.
In the colonies, neither appointment nor election of the judiciary sufficiently cleansed it of its corruptibility, a corruptibility that could not be addressed internally. Colonial judges could not be trusted in that their opinion could be swayed through bribery,
In the colonies the salaries of unpopular judges were withheld; in New York judicial salaries were granted annually judge by judge, as a means of influencing appointments
as well as through executive …show more content…
It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not
America’s Written Constitution
Re-Righting the Constitution: The Judiciary Advantage
A judiciary that drives ahead of the legislature is unconstitutional and undemocratic in nature, whereas a judiciary that drives behind the legislature rests on a more democratic foundation provided that the legislature is mindful of popular sovereignty. As the judiciary contains members who are appointed and unelected, it is the branch most removed from the principles of popular sovereignty. For this reason, the ambitProf Amar of the judiciary’s expressed powers is more constrained than the legislature’s. Given this constraint, the judiciary can assert power over the legislature to determine constitutionality. The legislature …show more content…
Alexander Hamilton in Federalist 79 makes the historical argument,
The want of a provision for removing the judges on account of inability has been a subject of complaint. But all considerate men will be sensible that such a provision would either not be practiced upon or would be more liable to abuse than calculated to answer any good purpose.
In the colonies, neither appointment nor election of the judiciary sufficiently cleansed it of its corruptibility, a corruptibility that could not be addressed internally. Colonial judges could not be trusted in that their opinion could be swayed through bribery,
In the colonies the salaries of unpopular judges were withheld; in New York judicial salaries were granted annually judge by judge, as a means of influencing appointments
as well as through executive …show more content…
It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not