Changes

:“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.”

:“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.”

What was [[Alexander Hamilton]] thinking?  The French philosopher [[Montesquieu]], who inspired the separation of powers in our [[Constitution]], declared that “Of the three powers [[[legislative]], executive and [[judiciary]]], the [[judiciary]] is next to nothing.”  Spirit of Laws, Vol. I, p. 186.

What was [[Alexander Hamilton]] thinking?  The French philosopher [[Montesquieu]], who inspired the separation of powers in our [[Constitution]], declared that “Of the three powers [ [[legislative]], executive and [[judiciary]] ], the [[judiciary]] is next to nothing.”  Spirit of Laws, Vol. I, p. 186.

Were they right?  To their credit, the judiciary does lack enforcement power.  It cannot do anything by itself.  It has no [[army]]; it cannot declare war; and by itself it cannot even arrest anyone.  The judiciary cannot initiate cases on its own.  It can only decide cases brought by others before it.  It must rely entirely on the [[executive branch]] for enforcement of its decisions.

Were they right?  To their credit, the judiciary does lack enforcement power.  It cannot do anything by itself.  It has no [[army]]; it cannot declare war; and by itself it cannot even arrest anyone.  The judiciary cannot initiate cases on its own.  It can only decide cases brought by others before it.  It must rely entirely on the [[executive branch]] for enforcement of its decisions.