But much less can it be shewn, that the nature of our government requires that the courts should be placed beyond all account more independent, so much so as to be above controul. There is no authority that can remove them from office for any errors or want of capacity, or lower their salaries, and in many cases their power is superior to that of the legislature. There is no power above them that can correct their errors or controul their decisions — The adjudications of this court are final and irreversible, for there is no court above them to which appeals can lie, either in error or on the merits.
They cannot be removed from office or suffer a dimunition of their salaries, for any error in judgement or want of capacity. Treason and bribery are named, and the rest are included under the general terms of high crimes and misdemeanors. A man may mistake a case in giving judgment, or manifest that he is incompetent to the discharge of the duties of a judge, and yet give no evidence of corruption or want of integrity.
To support the charge, it will be necessary to give in evidence some facts that will shew, that the judges commited the error from wicked and corrupt motives. The power of this court is in many cases superior to that of the legislature. I have shewed, in a former paper, that this court will be authorised to decide upon the meaning of the constitution, and that, not only according to the natural and ob[vious] meaning of the words, but also according to the spirit and intention of it.
In the exercise of this power they will not be subordinate to, but above the legislature. For all the departments of this government will receive their powers, so far as they are expressed in the constitution, from the people immediately, who are the source of power. The legislature can only exercise such powers as are given them by the constitution, they cannot assume any of the rights annexed to the judicial, for this plain reason, that the same authority which vested the legislature with their powers, vested the judicial with theirs — both are derived from the same source, both therefore are equally valid, and the judicial hold their powers independently of the legislature, as the legislature do of the judicial.
If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature. In England the judges are not only subject to have their decisions set aside by the house of lords, for error, but in cases where they give an explanation to the laws or constitution of the country, contrary to the sense of the parliament, though the parliament will not set aside the judgement of the court, yet, they have authority, by a new law, to explain a former one, and by this means to prevent a reception of such decisions.
But no such power is in the legislature.
The judges are supreme — and no law, explanatory of the constitution, will be binding on them. From the preceding remarks, which have been made on the judicial powers proposed in this system, the policy of it may be fully developed. I have, in the course of my observation on this constitution, affirmed and endeavored to shew, that it was calculated to abolish entirely the state governments, and to melt down the states into one entire government, for every purpose as well internal and local, as external and national. In this opinion the opposers of the system have generally agreed — and this has been uniformly denied by its advocates in public.
Some individuals, indeed, among them, will confess, that it has this tendency, and scruple not to say, it is what they wish; and I will venture to predict, without the spirit of prophecy, that if it is adopted without amendments, or some such precautions as will ensure amendments immediately after its adoption, that the same gentlemen who have employed their talents and abilities with such success to influence the public mind to adopt this plan, will employ the same to persuade the people, that it will be for their good to abolish the state governments as useless and burdensome.
Perhaps nothing could have been better conceived to facilitate the abolition of the state governments than the constitution of the judicial. They will be able to extend the limits of the general government gradually, and by insensible degrees, and to accomodate themselves to the temper of the people.
Their decisions on the meaning of the constitution will commonly take place in cases which arise between individuals, with which the public will not be generally acquainted; one adjudication will form a precedent to the next, and this to a following one.
In the mean time all the art and address of those who wish for the change will be employed to make converts to their opinion. The people will be told, that their state officers, and state legislatures are a burden and expence without affording any solid advantage, for that all the laws passed by them, might be equally well made by the general legislature. If to those who will be interested in the change, be added, those who will be under their influence, and such who will submit to almost any change of government, which they can be persuaded to believe will ease them of taxes, it is easy to see, the party who will favor the abolition of the state governments would be far from being inconsiderable.
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Had the construction of the constitution been left with the legislature, they would have explained it at their peril; if they exceed their powers, or sought to find, in the spirit of the constitution, more than was expressed in the letter, the people from whom they derived their power could remove them, and do themselves right; and indeed I can see no other remedy that the people can have against their rulers for encroachments of this nature.
All Rights Reserved. The essays were widely reprinted and commented on throughout the American states. All 16 of the essays were addressed to "the Citizens of the State of New York". The true identity of Brutus is unknown, but modern scholarship has suggested both Melancton Smith of Poughkeepsie and John Williams of Salem. A computational analysis of the known writings of Smith suggests that either he or an associate was the author of the Brutus papers, though there are strong similarities between the works of Williams and Brutus.
The anti-Federalist was appearing in New York newspapers, under the pseudonym 'Brutus'.
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The Anti-Federalist papers were written over a number of years and by a variety of authors who utilized pen names to remain anonymous, and debates over authorship continue to this day.. When the public is called to investigate and decide upon a question in which not only the present members of the community are deeply interested, but upon which the happiness and misery of generations yet unborn is in great measure suspended, the benevolent mind cannot help feeling. Anti-Federalist Papers: Brutus No. Among the most important of the Anti-Federalist writings are the essays of Brutus.
Although it has not been. The Anti-Federalist Papers During the period from the drafting and proposal of the federal Constitution in September, , to its ratification in there was an intense debate on ratification. The principal arguments in favor of it were stated in the series written by Madison, Hamilton, and Jay called the Federalist Papers, although they They have advanced knowledge in their field of education, and hence they provide first-grade academic support to customers..
The Anti-Federalist Papers is the collective name given to works written by the Founding Fathers who were opposed to or concerned with the merits of the United States Constitution of Starting on September 25, 8 days after the final draft of the Brutus : An Anti Federalist Essay. Words Sep 23rd, 4 Pages. Show More.
Brutus, a pseudonym for Robert Gates, was an Anti-Federalist who was against the signing of the Constitution. He wrote to the citizens of New York many documents on his views and why the United States should not be under this new government..
Article III, Section 1: Judicial Vesting Clause
In the investigation of the constitution, under your consideration, great care should be taken, that you do not form your opinions respecting it, from unimportant provisions, or fallacious appearances.. Anti-Federalist Papers is the collective name given to works written by the Founding Fathers who were opposed to or concerned with the merits of the United States Constitution of Brutus was the pen name of an Antifederalist in a series of essays designed to encourage New Yorkers to reject the proposed Constitution..
Print PDF. November 1, The Complete Anti-Federalist. Edited by Herbert J Posted on October 18, by Tara Ross. These papers argued against the new Constitution, Free essay sample on the federalist v. Federalists and anti-federalists papers during the ratification of the United States Constitution. The Anti-Federalist Papers is the collective name given to these anti-Federalists published a series of essays arguing against a stronger and more Brutus In regard to Federalist 78 and Brutus XI, the similarities and differences between the Federalists and the Anti-Federalists are unmistakable.
Judicial Vesting Clause
During the Founding, one of the most prominent debates between Federalists and Anti-Federalists was the power of judges to declare laws unconstitutional.. Federalists vs. The Anti-Federalists When the revolutionary war was over, the American colonists had found themselves free of British domination.. Learn vocabulary, terms, and more with flashcards, games, and other study tools. What did the Anti-Federalist, Brutus believe?
What were the Federalist essays promoting? How many states needed to ratify the Constitution? Letters Yates continued to attack the Constitution in a series of letters signed "Brutus" and "Sydney" and voted against ratification