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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 18
by Indiana State Bar Association (1916- ) - 1908
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Democracy: The Rule of Law and Islam

Eugene Cotran, Adel Omar Sherif - Religion - 1999 - 620 pages
...Hamilton said, the weakest of the three branches. From the nature of its functions, "the judiciary will always be the least dangerous to the political...a capacity to annoy or injure them. The executive ... holds the sword of the community. The legislature not only commands the purse, but prescribes the...
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Congress Confronts the Court: The Struggle for Legitimacy and Authority in ...

Colton C. Campbell, John F. Stack - Law - 2001 - 344 pages
...COLTON C. CAMPBELL Whoever attentively considers the different departments of power must perceive that in a government in which they are separated from each...will be least in a capacity to annoy or injure them. — Alexander Hamilton, Federalist Paper No. 78 Viewed from the perspective of the new century, federal-state...
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Judging Democracy: The New Politics of the High Court of Australia

Haig Patapan - Law - 2000 - 230 pages
...final part of the Federalist is devoted to the examination of the judiciary. 14 According to Hamilton, 'the judiciary, from the nature of its functions,...will be least in a capacity to annoy or injure them'. It has 'neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the...
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The Least Dangerous Branch: Separation of Powers and Court-packing

Kermit Hall - Law - 2000 - 434 pages
...rely on arguments about those expectations that 249. See. e,g., The FEDERALIST No. 78 (A. Hamilton) ("[T]he judiciary, from the nature of its functions,...dangerous to the political rights of the Constitution . . . ."); Maltz, Statutory Interpretation and Legislative Power: The Case for a Modified Intentionalitt...
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Great Cases in Constitutional Law

Robert P. George - History - 2000 - 222 pages
...(1803). 4. Cooper v. Aaron, 358 US 1 (1958). 5. In Federalist No. 78, Hamilton said that the judiciary "will always be the least dangerous to the political...rights of the Constitution; because it will be least in capacity to annoy or injure them." The Federalist No. 78. (B. Wright, ed., 1961), 490. 6. Lewis Carroll,...
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The Justices, Judging, and Judicial Reputation

Kermit L. Hall - Biography & Autobiography - 2000 - 396 pages
...famous lines:120 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 narure of its functions, will always be the least dangerous to the political rights of the constitution;...
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Law Without Values: The Life, Work, and Legacy of Justice Holmes

Albert W. Alschuler - Biography & Autobiography - 2000 - 348 pages
...Richard Posner). 81. 5 US (1 Cranch) 137, 177(1803). 82. In Alexander Hamilton's classic language, "The judiciary, from the nature of its functions, will always be the least dangerous [branch of government], . . . [It] has no influence over either the sword or the purse; no direction...
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Judicial Review and Judicial Power in the Supreme Court

Kermit L. Hall - Law - 2000 - 506 pages
...contemporary with the Marbury decision. Excerpts from The Federalist (Nos. 78, 81) [T]he judiciary . . . will always be the least dangerous to the political rights of the Constitution. . . . The judiciary . . . has no influence over either the sword or the purse; no direction either...
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The American Constitutional Experience: Selected Readings & Supreme Court ...

Richard M Battistoni - Law - 2000 - 198 pages
...particular hazard to individual liberty. In his famous rendition of judicial power, the judiciary would always be the "least dangerous to the political rights of the constitution." He argued that the federal judiciary would be dependent upon both the legislature and the executive...
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The Supreme Court in American Society: Equal Justice Under Law

Kermit L. Hall - History - 2001 - 806 pages
...famous lines:1" Whoever attentively considers the different departments of power must perceive, that in a government in which they are separated from each...judiciary, from the nature of its functions, will always he the least dangerous to the political rights of the constitution; hecause it will he least in a capacity...
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