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Contents.
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Essay. | Page | |
agreement concerning the time of adjournment, | No. LXXVI. | 537 |
xi. to receive ambassadors and other public ministers, | 537 | |
xii. to execute the laws of the Union, | 537 | |
xiii. to commission all the officers of the United States, | 537 | |
F. concluding remarks, | 537 | |
e. the Judiciary department, | LXXVIII. | 538 |
A. "the mode of appointing the judges," considered, | 539 | |
B. "the tenure by which the judges are to hold their places" considered, | 539 | |
a. it is similar to that by which the judges in the several States hold office, | 539 | |
b. objection thereto considered, | 539 | |
i. the Judiciary will be least in a capacity to annoy the other departments of the government, | 539 | |
ii. it is the weakest of the three departments of government, | 540 | |
c. the necessity for a complete independence of the Judiciary, | 541 | |
i. the authority of the courts to pronounce legislative acts void because contrary to the Constitution, considered, | 541 | |
ii. the exercise of that authority does not indicate that the Judiciary is superior to the legislature, | 541 | |
iii. that the legislature is the constitutional judge of its own powers, considered and denied, | 542 | |
iv. the interpretation of the laws is the peculiar province of the courts, | 542 | |
i. the effect of that interpretation on the action of the courts, | 542 | |
v. that consideration a reason for the permanent tenure of the Judiciary, | 544 | |
vi. independence of the Judiciary also necessary in order that it may guard the Constitution and the rights of individuals from sudden impulses of popular passion and prejudice, | 544 | |
vii. as well as the private rights of individuals from the mischievous effects of unjust and partial laws, | 545 | |
viii. it is necessary, also, to insure an inflexible and uniform adherence to the rights of the Constitution and of individuals, | 546 | |
ix. and from the nature of the qualifications which are required for the discharge of its duties, | 546 | |
d. the wisdom of the provision establishing good be- |