"[T]here is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution."
Well, then, how are the courts *supposed* to construe the laws?
I don't understand the anti-judicial review theory: if the Congress or the President are doing something which is unconstitutional and therefore arguably illegal, why should the courts be expected to turn a blind eye and/or sanctify it?
I wondered that when I read the quote. Hamilton was clearly one of those who wanted something close to an American aristocracy, complete with hereditary Senate and President. It's interesting to me to contrast his words with what so clearly happened in Marbury v. Madison. That's a case that seems to have such an obvious (almost "Duh!") holding, that to think otherwise is difficult.
My guess is that Hamilton expected the legislative and executive branches to check each other against unconstitutional behaviors. But as we know, those two branches can be in alignment, even if for dubious reasons, which is where the third branch comes into play to balance the power.
Well, then, how are the courts *supposed* to construe the laws?
ReplyDeleteI don't understand the anti-judicial review theory: if the Congress or the President are doing something which is unconstitutional and therefore arguably illegal, why should the courts be expected to turn a blind eye and/or sanctify it?
I wondered that when I read the quote. Hamilton was clearly one of those who wanted something close to an American aristocracy, complete with hereditary Senate and President. It's interesting to me to contrast his words with what so clearly happened in Marbury v. Madison. That's a case that seems to have such an obvious (almost "Duh!") holding, that to think otherwise is difficult.
ReplyDeleteMy guess is that Hamilton expected the legislative and executive branches to check each other against unconstitutional behaviors. But as we know, those two branches can be in alignment, even if for dubious reasons, which is where the third branch comes into play to balance the power.