7. Article III: The Courts

“…the judiciary is beyond comparison the weakest of the three departments of power; …the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive… And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments; The judiciary… has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.”

– Alexander Hamilton, Federalist 78

“The provision of the act of 1867, affirming the appellate jurisdiction of this court in cases of habeas corpus is expressly repealed. It is hardly possible to imagine a plainer instance of positive exception. We are not at liberty to inquire into the motives of the legislature. We can only examine into its power under the Constitution; and the power to make exceptions to the appellate jurisdiction of this court is given by express words. Without jurisdiction the court cannot proceed at all in any cause… It is quite clear, therefore, that this court cannot proceed to pronounce judgment in this case, for it has no longer jurisdiction of the appeal; and judicial duty is not less fitly performed by declining ungranted jurisdiction than in exercising firmly that which the Constitution and the laws confer.”

– U.S. Supreme Court in Ex Parte McCardle^xxvii

Myth #2: Federal judges hold lifetime appointments.

Judges have been impeached for:

Myth #4: Only judges are capable of determining Constitutionality and their primary responsibility is judicial review.

“It is quite foreign from the nature of the judiciary’s office to make them judges of the policy of public measures.”

– Elbridge Gerry

[T]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.^xxviii

– Thomas Jefferson

The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist, and shape into any form they please.^xxix

– Thomas Jefferson

Nothing has yet been offered to invalidate the doctrine that the meaning of the Constitution may as well be ascertained by the Legislative as by the Judicial authority.^xxx

– James Madison

“Members of this court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgments. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.”

– Supreme Court Chief Justice John Roberts in NFIB v. Sebelius

**********************************************

MISDEME’ANOR, noun Ill behavior; evil conduct; fault; mismanagement.

In law, an offense of a less atrocious nature than a crime. It applies to all offenses inferior to a felony and also to all offenses for which the law has not provided a particular remedy. Crimes and misdemeanors are mere synonymous terms, but in common uses the word ‘crimes’ is made to note offenses of a deeper and more atrocious dye, while small faults and omissions of less consequence are comprised under the gentler name of misdemeanors.