[quote=cosmo]"The accumulation of all powers, legislative, executive, and judiciary, in the same hands.. may justly be pronounced the very same definition of tyranny."
James Madison, The Federalist Papers [/quote]
No shit. As I look forward to four years of a republican-held presidency, a republican-controlled congress, and the possibility of 3 or maybe even 4 Supreme Court justices being filled by fresh republicans, Mr. Madison's observation seems spot on -- particularly since the folks in control of the party right now are the hard liners as opposed the moderate conservatives with whom I used to align myself.
[quote=cosmo]"You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which [i]would place us under the despotism of an oligarchy...[/i] The Constitution has erected no such single tribunal... knowing that to whatever hands confided, with corruptions of time and party, it's members would become despots."
Thomas Jefferson, Letter to William Jarvis 1820[/quote]
Can we agree on one thing? [b]Someone[/b] has to serve as the arbiter of the constitutionality of legislation, right? It wouldn't make a lot of sense to have the same folks that are drafting and signing laws also declaring that there is no problem with them, right?
Don't forget that the other branches of government, and ultimately the people, have a check on the judicial branch. If the Court rules something unconstitutional and the masses disagree, a constitutional amendment can bring the text of the constitution in line with the will of the people.