Monday, August 15, 2005


Ed Brayton on the Judiciary (Again)

On his blog, Ed Brayton wrote:

The founders took the position that the executive and legislative branches, because they held the power of the military and the purse respectively, were the greatest risk to liberty and to the principles found in the Constitution and they set out to balance that risk by giving the judiciary the power, independent of the ebbs and flows of public opinion, to strike down legislation that oversteps the boundaries of executive and legislative power found in the Constitution. You can see their position clearly expressed in Federalist 78...

What makes Ed think the Federalist papers are representative of what all the founders thought? The Federalist papers are certainly not representative of what Jefferson thought, as I have pointed out previously.


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