Thursday, May 29, 2008

Americans Get The Judiciary We Pay For

We have Alexander Hamilton's assurances, from Federalist 78, that the judiciary is "the least dangerous" branch of government. Having "neither force nor will, but merely judgment," it "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."

Few passages from the Federalist seem as anachronistic today. Almost all social controversies seem to lead to the judiciary, and often up to the Supreme Court. So Roberts' report on the condition of the judiciary should interest a country selecting its next president, who, if he or she serves two terms, will fill about half the 875 seats on the federal bench. Now more than ever, but probably less today than tomorrow, the judicial branch is central to governance...

[the country needs 'change' indeed]

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