Tuesday, May 26, 2009

"For there is no liberty, if the power of judging be not separated from the executive and legislative powers."

A few weeks ago I posted about Sonia Sotomeyer on Yankeephilip.
Enjoy the video. At 15 seconds in, she says"Court of Appeals is where policy is made.


Maybe she should be introduced to Federalist paper #78?

The judiciary . . . 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.....

It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two . . . that . . . 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 legislative and the Executive.......

"For there is no liberty, if the power of judging be not separated from the executive and legislative powers."

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