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The courts must declare the sense of the law; and if they should be disposed to exercise will instead of judgement; the consequences would be the substitution of their pleasure for that of the legislative body.

-Alexander Hamilton

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The Courts Must Declare The Sense Of

Alexander Hamilton

The courts must declare the sense of the law; and if they should be disposed to exercise will instead of judgement; the consequences would be the substitution of their pleasure for that of the legislative body.

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Exercise Law Judgement

More From Alexander Hamilton

The whole body of the nation is the sovereign legislative, judiciary, and executive power for itself. the inconvenience of meeting to exercise these powers in person, and their inaptitude to exercise them, induce them to appoint special organs to declare their legislative will, to judge and to execute it. it is the will of the nation which makes the law obligatory.

The complete independence of the courts of justice is peculiarly essential in a limited constitution. by a limited constitution, i understand one which contains certain specified exceptions to the legislative authority. limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void. without this, all the reservations of particular rights or privileges would amount to nothing.

Depend upon yourself. make your judgement trustworthy by trusting it. you can develop good judgement as you do the muscles of your body - by judicious, daily exercise. to be known as a man of sound judgement will be much in your favor.

To mystify, in the active sense, is to befuddle, cloud, obscure, mask whatever is going on, whether this be experience, action, or process, or whatever is "the issue." it induces confusion in the sense that there is failure to see what is "really" being experienced, or being done, or going on, and failure to distinguish or discriminate the actual issues. this entails the substitution of false for true constructions of what is being experienced, being done (praxis), or going on (process), and the substitution of false issues for the actual issues.

The law is equal before all of us; but we are not all equal before the law. virtually there is one law for the rich and another for the poor, one law for the cunning and another for the simple, one law for the forceful and another for the feeble, one law for the ignorant and another for the learned, one law for the brave and another for the timid, and within family limits one law for the parent and no law at all for the child.

I often wonder whether we do not rest our hopes too much upon constitutions, upon law and upon courts. these are false hopes, believe me, these are false hopes. liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. while it lies there it needs no constitution, no law, no courts to save it.

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