Today, Judge Neil Gorsuch confirmed his private comments to Sen. Richard
Blumenthal (D. Conn.): The judge said that President Donald Trump’s recent attacks on the judiciary are “demoralizing and disheartening.”
Judge Gorsuch— billed as a constitutional originalist— is
living up to his reputation.
Our Constitution faced very strong opposition when it was
proposed as a replacement to the Articles of Confederation.
A series of
published papers—sort of like a blog— explained the new Constitution to the American people. In
Federalist No. 78, Alexander Hamilton both explained and justified the judicial
branch. He said it holds a check on the Congress and president—but to be
successful, the judiciary needs the respect of the executive branch.
Here is what Hamilton said on May 28, 1788:
“The Executive not only dispenses the honors, but holds the
sword of the community. The legislature not only commands the purse, but
prescribes the rules by which the duties and rights of every citizen are to be
regulated. The judiciary, on the contrary, has no influence over either the
sword or the purse; no direction either of the strength or of the wealth of the
society; and can take no active resolution whatever. It may truly be said to
have neither FORCE nor WILL, but merely judgment; and must ultimately depend
upon the aid of the executive arm even for the efficacy of its judgments.”
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