The Law and the Courts: Government and the Courts

"Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. . . .The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It 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." - Alexander Hamilton, Federalist #78

Because Mr. Hamilton's observations have panned out differently after 200 years of judicial encroachment upon the powers of the legislative and executive branches of government, this section will explore the constitutional issues affecting the courts, including: separation of powers; advice and consent; impeachment and jurisdiction. It will highlight legislative issues affecting the courts, such as "court-stripping" laws, among others.