English Essay Oppression Outline

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It takes many years to fully understand the meaning of these laws and a short term of office would discourage able and honest men from seeking an appointment to the courts; they would be reluctant to give up lucrative law practices to accept a temporary judicial appointment.

Life tenure, modified by good behavior, is a superb device for assuring judicial independence and protection of individual rights.

The Constitution imposes certain restrictions on the Congress designed to protect individual liberties, but unless the courts are independent and have the power to declare laws in violation of the Constitution null and void, those protections amount to nothing.

The power of the Supreme Court to declare laws unconstitutional leads some people to assume that the judicial branch will be superior to the legislative branch.

Political rights are least threatened by the judicial branch.

On occasion, the courts may unfairly treat an individual, but they, in general, can never threaten liberty.

The courts are the arbiters between the legislative branch and the people; the courts are to interpret the laws and prevent the legislative branch from exceeding the powers granted to it.

The courts must not only place the Constitution higher than the laws passed by Congress, they must also place the intentions of the people ahead of the intentions of their representatives.

Besides, due to the propensity of legislative bodies to party division, there is "reason to fear that the pestilent breath of faction may poison the fountains of justice." Hamilton, therefore, praises the Constitution for establishing courts that are separated from Congress.

He is pleased to note that to this organizational independence there is added a financial one.


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