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" 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... "
Proceedings of the ... Annual Meeting of the Indiana State Bar Association - Page 14
by Indiana State Bar Association (1916- ) - 1908
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Executive Privilege--secrecy in Government: Hearings Before the Subcommittee ...

United States. Congress. Senate. Committee on Government Operations. Subcommittee on Intergovernmental Relations - Executive privilege (Government information) - 1976 - 647 pages
...from ihc nature of its functions, will always be Ihe least dangerous to the political rights of i!u: constitution; because it will be least in a capacity...Executive not only dispenses the honors, but holds Ihc sword of the community. The legislature not only commands Ihc purse, but prescribes UK rules by...
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Democracy and Distrust: A Theory of Judicial Review

John Hart Ely - Law - 1980 - 268 pages
...Federalist 78: Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each...least in a capacity to annoy or injure them . . . The judiciary . . . has no influence over either the sword or the purse; no direction either of the strength...
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Judicial tenure and discipline, 1979-80: hearings before the Subcommittee on ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - Government publications - 1980 - 838 pages
...The original phrase came from Alexander Hamilton in THE FEDERALIST No. 78, at 522 (J. Cooke ed. 1961) ("the judiciary, from the nature of its functions,...will always be the least dangerous to the political lights of the constitution"), and was built into a theory of judicial restraint by the late Professor...
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What the Anti-Federalists Were For: The Political Thought of the Opponents ...

Herbert J. Storing - Law - 2008 - 120 pages
...and Stone 304-5; Ellsworth, Elliot II, 196. •14. Federal Farmer XV, 2.8.185. Publius contended that "the judiciary, from the nature of its functions,...dangerous to the political rights of the constitution. . . . [T]hough individual oppression may now and then proceed from the courts of justice, the general...
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Constitutional Restraints Upon the Judiciary: Hearings Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - Constitutional law - 1982 - 591 pages
...Hamilton explains: Whoever attentively considers the different departments of power must perceive that, in a government in which they are separated from each...rights of the Constitution; because it will be least in its capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword...
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Equity and the Constitution: The Supreme Court, Equitable Relief, and Public ...

Gary L. McDowell - Law - 1982 - 179 pages
...judiciary, Hamilton assured his readers that the judicial branch "from the nature of its functions" would always be the "least dangerous to the political rights of the Constitution." The courts should be viewed, he argued, as "the bulwarks of a limited constitution against legislative...
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Federalism and the Federal Judiciary: Hearings Before the ..., Volume 4

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers - Courts - 1984 - 754 pages
...nationalistic justification for judicial review in The Federalist No. 78 hinged on the premise that the judiciary, from the nature of its functions, will...least in a capacity to annoy or injure them. . . . The judiciary . . . has no influence over either the sword or the purse, 63. "The Judicial power of the...
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Address of the Honorable Edwin Meese III, Attorney General of the United ...

Edwin Meese - Constitutional law - 1985 - 13 pages
...Federalist, No. 78, would always be, from the nature of its functions, the branch of the federal government "least dangerous to the political rights of the Constitution;...least in a capacity to annoy or injure them." The judges, he argued, would have no influence over either the sword or the purse of the nation. And the...
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The impact of the Equal Rights Amendment: hearings before the Subcommittee ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - Equal rights amendments - 1985
...of constitutional powers, I find little solace in Alexander Hamilton's assertion that the judiciary will always be "the least dangerous to the political rights of the Constitution." Rotes 1. From a statement of opposition to the Equal Rights Amendment by Roscoe Pound and Paul Freund....
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Judges and Legislators: Toward Institutional Comity

Robert A. Katzmann - Political Science - 2010 - 212 pages
...on the part of the other branches. In contrast, in number 78, we supposed that "the Judiciary . . . will always be the least dangerous to the political rights of the Constitution; because it will be the least in a capacity to annoy or injure them . . . [having) no influence over either the sword or...
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