Justice Scalia's Partisan Outbursts
In Alexander Hamilton’s memorable formulation, the federal judiciary is “the least dangerous branch.” Unlike Congress and the president, which make and execute the laws, respectively, the courts “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.” Hamilton assumed that offering judges life tenure would encourage them to augment their modest power with moral authority - the intangible combinatio
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