Federalist Paper # 81 [paragraph 9]*

 

9          ...the danger of judiciary encroachments on the legislative authority is often mentioned.  This will not happen.  Now and then, specific laws may be misconstrued.  Or, occasionally the will of the legislature may be blocked.  But they can never be extensive enough to inconvenience or change the political system.

            This is inferred from several things: the nature of judicial power, its objects, the way it is exercised, its weakness, and its inability to support its usurpations by force.

            This conclusion is strengthened by the important constitutional check on the judiciary.  One part of the legislative body can impeach judges and the other tries them.

            This is complete security.  Judges will not want to usurp the legislature's authority while the legislature has the power to punish them and remove them from office.

            This should remove all worries on the subject.  It also is a good argument for making the Senate the court for the trial of impeachments.

 

Bruce Walker, cartoonist

 

Where do governments--State and federal--and branches of government--the executive, legislative, and judicial branches--get their powers?  (These are just a few of the quotes on this subject in the Federalist Papers.)
 

 

Federalist #2 [paragraph 2]*

 

The people must cede some of their natural rights to the government to give it some powers...

 

Federalist Paper # 16 [paragraph 10]*

 

...The people are the natural guardians of the Constitution...

 

Federalist Paper # 21 [paragraph 5]*

 

...The people hold the whole power of the government...

 

Federalist Paper # 22 [paragraph 18]*

 

...The foundation of our national government must be laid deeper than just the approval of the people's representatives.  The American empire should rest on the consent of the people.  The streams of national power should flow from that pure, original fountain of all legitimate authority.