Monday, June 23, 2008

The Federalist Papers

Federalist 78 [Alexander Hamilton]:
-The constitution is a higher law (Article VI of the Constitution)
1. It comes from the people
2. It lays the foundation for how other rules are made
-Anything that contradicts this higher law should be void.
-Judges take an oath to uphold the Constitution
-All three branches judge the constitutionality, but the Supreme Court has the final say because "no man can be a judge in his own cause." (Federalist 10) Therefore, Congress cannot vote on their own work.
-No legislative act contrary to the Constitution can be accepted, therefore allowing the judicial branch to declare these void does not make them superior.
-In fact, the people are superior to the courts and Congress.

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