Federalist No. 78 - Pt. II

The Judiciary Continued

“If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices.”

“This independence of the judges is equally requisite to guard the Constitution and the rights of individuals from the effects of those ill humors, which the arts of designing men, or the influence of particular conjunctures, sometimes disseminate among the people themselves, and which, though they speedily give place to better information, and more deliberate reflection, have a tendency, in the meantime, to occasion dangerous innovations in the government, and serious oppressions of the minor party in the community.”

“These sometimes extend no farther than to the injury of the private rights of particular classes of citizens, by unjust and partial laws. Here also the firmness of the judicial magistracy is of vast importance in mitigating the severity and confining the operation of such laws. It not only serves to moderate the immediate mischiefs of those which may have been passed, but it operates as a check upon the legislative body in passing them; who, perceiving that obstacles to the success of iniquitous intention are to be expected from the scruples of the courts, are in a manner compelled, by the very motives of the injustice they meditate, to qualify their attempts. This is a circumstance calculated to have more influence upon the character of our governments, than but few may be aware of. ... Considerate men, of every description, ought to prize whatever will tend to beget or fortify that temper in the courts: as no man can be sure that he may not be to-morrow the victim of a spirit of injustice, by which he may be a gainer to-day. And every man must now feel, that the inevitable tendency of such a spirit is to sap the foundations of public and private confidence, and to introduce in its stead universal distrust and distress.”

“It has been frequently remarked, with great propriety, that a voluminous code of laws is one of the inconveniences necessarily connected with the advantages of a free government. To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them; and it will readily be conceived from the variety of controversies which grow out of the folly and wickedness of mankind, that the records of those precedents must unavoidably swell to a very considerable bulk, and must demand long and laborious study to acquire a competent knowledge of them. Hence it is, that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the stations of judges. And making the proper deductions for the ordinary depravity of human nature, the number must be still smaller of those who unite the requisite integrity with the requisite knowledge.”

Topics: Federalist Papers

Federalist No. 79

Limits on Judicial Terms

The mensuration of the faculties of the mind has, I believe, no place in the catalogue of known arts. An attempt to fix the boundary between the regions of ability and inability, would much oftener give scope to personal and party attachments and enmities than advance the interests of justice or the public good. The result, except in the case of insanity, must for the most part be arbitrary; and insanity, without any formal or express provision, may be safely pronounced to be a virtual disqualification.

Topics: Federalist Papers

Federalist No. 80

“The judiciary authority of the Union is to extend:

Second. To treaties made, or which shall be made, under the authority of the United States, and to all cases affecting ambassadors, other public ministers, and consuls. These belong to the fourth class of the enumerated cases, as they have an evident connection with the preservation of the national peace.

Third. To cases of admiralty and maritime jurisdiction. These form, altogether, the fifth of the enumerated classes of causes proper for the cognizance of the national courts.

Fourth. To controversies to which the United States shall be a party. These constitute the third of those classes.

Fifth. To controversies between two or more States; between a State and citizens of another State; between citizens of different States. These belong to the fourth of those classes, and partake, in some measure, of the nature of the last.

Sixth. To cases between the citizens of the same State, CLAIMING LANDS UNDER GRANTS OF DIFFERENT STATES. These fall within the last class, and ARE THE ONLY INSTANCES IN WHICH THE PROPOSED CONSTITUTION DIRECTLY CONTEMPLATES THE COGNIZANCE OF DISPUTES BETWEEN THE CITIZENS OF THE SAME STATE.

Seventh. To cases between a State and the citizens thereof, and foreign States, citizens, or subjects. These have been already explained to belong to the fourth of the enumerated classes, and have been shown to be, in a peculiar manner, the proper subjects of the national judicature.”

Topics: Federalist Papers

Federalist No. 81

I am not sure, but that it will be found highly expedient and useful, to divide the United States into four or five or half a dozen districts; and to institute a federal court in each district, in lieu of one in every State. The judges of these courts, with the aid of the State judges, may hold circuits for the trial of causes in the several parts of the respective districts. Justice through them may be administered with ease and despatch; and appeals may be safely circumscribed within a narrow compass. This plan appears to me at present the most eligible of any that could be adopted; and in order to it, it is necessary that the power of constituting inferior courts should exist in the full extent in which it is to be found in the proposed Constitution.

Topics: Federalist Papers

Communism: AN INTERNATIONAL, CONSPIRATORIAL DRIVE FOR POWER ON THE PART OF MEN IN HIGH PLACES WILLING TO USE ANY MEANS TO BRING ABOUT THEIR DESIRED AIM—GLOBAL CONQUEST.

You will notice that we did not mention Marx, Engels, Lenin, Trotsky, bourgeois, proletariat or dialectical materialism. We said nothing of the pseudo-economics or political philosophy of the Communists. These are the TECHNIQUES of Communism and should not be confused with the Communist conspiracy itself. We did call it an international conspiratorial drive for power. Unless we understand the conspiratorial nature of Communism, we don’t understand it at all. We will be eternally fixated at the Gus Hall level of Communism. And that’s not where it’s at, baby!

The way to bring down the wrath of the Liberal press Establishment or the professional Liberals is simply to use the word conspiracy in relation to Communism. We are not supposed to believe that Communism is a political conspiracy. We can believe anything else we wish to about it. We can believe that it is brutal, tyrannical, evil or even that it intends to bury us, and we will win the plaudits of the vast majority of American people. But don’t ever, ever use the word conspiracy if you expect applause, for that is when the wrath of Liberaldom will be unleashed against you. We are not disallowed from believing in all types of conspiracy, just modern political conspiracy.

Source: Gary Allen
None Dare Call it Conspiracy, pp. 21-22

Topics: Communism; Conspiracy

No Special Privileges

It is definitely not the function of government to take positive action in aiding or sustaining or lending assistance to any person or group or segment of society. Such “help” can only be given to one person or group at the expense of others. The only principled role of society’s agency is negative; government should restrain anyone from doing injury to others. The law’s job is to codify the taboos or the thou-shalt-nots and enforce them; that is, it should invoke a common justice and keep the peace.

Any time and in every instance in which government departs from this negative or purely defensive role, avarice is released in the citizenry. Government can do all of us a service by warding off intruders; but when government pretends to “help” us, government itself thereby becomes the colossal intruder.

I am quite aware that to most people this way of drawing the line seems cold, heartless, and without pity. But pity, unless spiced with common sense, is what’s heartless. Providing people with governmental feeding stations not only kindles the vice of avarice but it renders them helpless. The process results in an atrophy of the faculties from which recovery is next to impossible. Helping people to become helpless is no act of kindness. Nor is self-pity in order, that is, feeling sorry for ourselves as taxpayers. Such sympathy as is within us should be extended to the recipients of this largess, for they have stooped and may not be able to straighten up again.

No doubt a world in which matter never got out of place and became dirt, in which iron had no flaws and wood no cracks, in which gardens had no weeds, and food grew already cooked, in which clothes never wore out and washing was as easy as the soapmakers’ advertisements describe it, in which rules had no exceptions and things never went wrong, would be a much easier place to live in. But for purposes of training and development it would be worth nothing at all.

It is the resistance that puts us on our mettle: it is the conquest of the reluctant stuff that educates the worker. I wish you enough difficulties to keep you well and make you strong and skillful!2

2. Henry Van Dyke.

Source: Leonard E. Read
To Free or Freeze, pp. 60-61

Topics: Charity; Social Programs; Welfare

It is our duty to concentrate all our influence to make popular that which is sound and good, and unpopular that which is unsound. ‘Tis right, politically, for a man who has influence to use it, as well as for a man who has no influence to use his. From henceforth I will maintain all the influence I can get.

Source: Joseph Smith
History of the Church, 5:286

Topics: Power; Responsibility

Unless we retain a vibrant desire to be free, and unless we understand and practice the principles that give life to essential freedoms, we have little reason to hope they will endure. If we allow ourselves to accept dependency and regulation and to cease valuing independence and self-accountability, then we are vulnerable to the forces that destroy freedom. If righteousness is judged primarily by the degree to which one responds to programmed activity, then a condition develops within which opportunities for progress decline. The resulting tragedy affects the mortal potential of man and has a profound effect on his eternal possibilities as well.

Source: Dean L. Larson
April 1980 General Conference

Topics: Freedom, Loss of

Freedom as a Postulate of Morality

All the teachings and precepts of ethics, whether based upon a religious creed or whether based upon a secular doctrine like that of the Stoic philosophers, presuppose this moral autonomy of the individual and therefore appeal to the individual’s conscience. They presuppose that the individual is free to choose among various modes of conduct and require him to behave in compliance with definite rules, the rules of morality. Do the right things, shun the bad things.

It is obvious that the exhortations and admonishments of morality make sense only when addressing individuals who are free agents. They are vain when directed to slaves. It is useless to tell a bondsman what is morally good and what is morally bad. He is not free to determine his comportment; he is forced to obey the orders of his master. It is difficult to blame him if he prefers yielding to the commands of his master to the most cruel punishment threatening not only him but also the members of his family.

This is why freedom is not only a political postulate, but no less a postulate of every religious or secular morality.

Source: Ludwig von Mises
The Economic Foundations of Freedom
The Freeman, April 1960

Topics: Compulsion; Freedom; Morality

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