More from the September 11 file that I found in my desk. This time, it's quotes from The Federalist Papers, unburdened by commentary, on the subject of judicial restraint and the dangers of arbitrary "justice":
There is no liberty if the power of judging be not separated from the legislative and executive powers. . . Liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments. -- Federalist 78 (Hamilton, quoting Montesquieu, Spirit of Laws, vol. 1, page 181)
The Union will undoubtedly be answerable to foreign powers for the conduct of its members . . . As the denial or perversion of justice by the sentences of courts, as well as in any other manner, is with reason classed among the just causes of war, it will follow that the federal judiciary ought to have cognizance of all causes of action in which the citizens of other countries are concerned. This is not less essential to the preservation of the public faith than to the security of the public tranquility. -- Federalist 80
Arbitrary impeachments, arbitrary methods of prosecuting pretended offenses, and arbitrary punishments upon arbitrary convictions have ever appeared to me to be the great engines of judicial despotism. -- Federalist 83
"The observations of the judicious Blackstone, in reference to [the practice of arbitrary imprisonments] are worthy of recital: 'To bereave a man of life [says he] or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefor a more dangerous engine of arbitrary government.'" -- Federalist 84 (quoting Blackstone's Commentaries, Vol. 1, p. 136)
Considerate men of every description ought to prize whatever will tend to beget or fortify [the integrity and moderation of the judiciary] in the courts; as no man can be sure that he may not be tomorrow the victim of a spirit of injustice, by which he may be a gainer today. -- Federalist 78
There is no liberty if the power of judging be not separated from the legislative and executive powers. . . Liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments. -- Federalist 78 (Hamilton, quoting Montesquieu, Spirit of Laws, vol. 1, page 181)
The Union will undoubtedly be answerable to foreign powers for the conduct of its members . . . As the denial or perversion of justice by the sentences of courts, as well as in any other manner, is with reason classed among the just causes of war, it will follow that the federal judiciary ought to have cognizance of all causes of action in which the citizens of other countries are concerned. This is not less essential to the preservation of the public faith than to the security of the public tranquility. -- Federalist 80
Arbitrary impeachments, arbitrary methods of prosecuting pretended offenses, and arbitrary punishments upon arbitrary convictions have ever appeared to me to be the great engines of judicial despotism. -- Federalist 83
"The observations of the judicious Blackstone, in reference to [the practice of arbitrary imprisonments] are worthy of recital: 'To bereave a man of life [says he] or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefor a more dangerous engine of arbitrary government.'" -- Federalist 84 (quoting Blackstone's Commentaries, Vol. 1, p. 136)
Considerate men of every description ought to prize whatever will tend to beget or fortify [the integrity and moderation of the judiciary] in the courts; as no man can be sure that he may not be tomorrow the victim of a spirit of injustice, by which he may be a gainer today. -- Federalist 78
posted by Daniel at 4:16 PM
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