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Alexander Hamilton

The supposed danger of judiciary encroachments on the legislative authority, which has been upon many occasions reiterated, is in reality a phantom. Particular misconstructions and contraventions of the legislature may now and then happen; but they can never be so extensive as to amount to an inconvenience, or in any sensible degree to affect the order of the political system. [This] inference is greatly fortified by the consideration of the important constitutional check, which the power of instituting impeachments, in one part of the legislative body, and of determining them in the other, would give to that body upon the members of the judicial department. This is alone a complete security. There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of [Congress], while this body was possessed of the means of punishing their presumption by degrading them from their stations.  (The Federalist No. 81)

 

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Copyright 2005 by Karl Spence. All rights reserved.
Revised: 10/10/11 20:58:19 -0500.