Alexander Hamilton believed courts are needed to interpret laws ...

  1. My Esoteric profile image90
    My Esotericposted 2 years ago

    He has what I would hope be a memorable quote in Federalist Paper #22, "Other Defects of the Present Confederation".  In referring to the purpose of courts, he said -

    "Laws are dead letters without courts to expound and define their true meaning and operation"

    It seems to me this gets at the core of one of the major debates in this country, including the nomination of Judge Merrick Garland to the Supreme Court.

    What do you make of it.

    1. GA Anderson profile image81
      GA Andersonposted 2 years agoin reply to this

      Hey guy,
      I am not sure how Judge Garland ties in. Given the context, and Hamilton's following explanation, I take the point of his quote to be the need for a supreme judiciary, (ie. the Supreme Court), to ensure laws are to be interpreted and applied uniformly, as applied to all individuals, communities, and states.

      Do you see a different meaning?

      GA

      1. My Esoteric profile image90
        My Esotericposted 2 years agoin reply to this

        Hi back, GA

        Given today's debate over the role of the court and how each side perceives how Judge Garland will interpret that role is the basis, as I see it, for the GOP refusal to consider his nomination.  That is how I see the tie-in.

        While it is possible Hamilton was thinking of the Supreme Court, it is more possible, in my view, he was making a general statement on the purpose of the courts relative to laws.  I suspect you may understand " expound and define their true meaning and operation" differently than I do.  To me, that phrases is the antithesis of "strict construction".

 
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