Alexander Hamilton
Alexander Hamilton
Alexander Hamiltonwas a Founding Father of the United States, chief staff aide to General George Washington, one of the most influential interpreters and promoters of the U.S. Constitution, the founder of the nation's financial system, the founder of the Federalist Party, the world's first voter-based political party, the founder of the United States Coast Guard, and the founder of The New York Post newspaper. As the first Secretary of the Treasury, Hamilton was the primary author of the economic policies...
NationalityAmerican
ProfessionPolitician
Date of Birth11 January 1757
CountryUnited States of America
If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges which must be essential to the faithful performance of so arduous a duty.
But might not his [the president's] nomination be overruled? I grant it might, yet this could only be to make place for another nomination by himself. The person ultimately appointed must be object of his preference, though perhaps not in the first degree. It is also not very probable that his nomination would often be overruled.
The reasonableness of the agency of the national courts in cases in which the state tribunals cannot be supposed to be impartial, speaks for itself. No man ought certainly to be a judge in his own cause, or in any cause in respect to which he has the least interest or bias.
And it proves, in the last place, that 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.
Safety from external danger is the most powerful director of national conduct. To be more safe, [nations] at length become willing to run the risk of being less free.
Remember civil and religious liberty always go together: if the foundation of the one be sapped, the other will fall of course.
[T]he Constitution ought to be the standard of construction for the laws, and that wherever there is an evident opposition, the laws ought to give place to the Constitution. But this doctrine is not deducible from any circumstance peculiar to the plan of convention, but from the general theory of a limited Constitution.
If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not be collected from any particular provisions in the Constitution.
The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Government implies the power of making laws. It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience.
The Achaeans soon experienced, as often happens, that a victorious and powerful ally is but another name for a master.
You should not have taken advantage of my sensibility to steal into my affections without my consent.
It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be tomorrow.
Take mankind in general, they are vicious-their passions may be operated upon.