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Antifederalist No. 78-79
Transcript of Antifederalist No. 78-79
The Power of the Judiciary (Part 1)
Judges in England
When great and extraordinary powers are vested in any man or body of man they may operate to the oppression of the people.
Brutus believes that its the republicans fault that all people who are concerned in the government are made accountable to some superior for their conduct in the office.
Brutus wanted the responsibility to ultimately rest with the people.
The Power of the Judiciary
Part 1: Brutus's 15th essay of The New-York Journal on March 20,1788
Part 2: 16th of the New York
Journal of April 10, 1788
The supreme court will be exalted from other governments that are invested with immense power
THERE IS NO POWER ABOVE JUDGES!
Do you need any proof?
1. There is nobody to control the decisions of the court.
(as opposed to England, who
has a higher court)
2. Judges can't be removed from office!
The constitution itself states that judges can only be removed for high crimes.
3. The court has more power than the legislature.
Judges are essentially independent, with no laws controlling their actions.
there is no power above them, to control any of their decisions.
Responsibilities of the power
Judges under this system will be independent in the strict sense of the word.
Judges under the Constitution
Controls the legislature
No power above them
allowing them to be independent
Nobody to "set aside their judgement"
Under the legislature
Does not give them full control
They are controlled by laws
Authority can remove them