The standard of good behavior for the continuance in office
of the judicial magistracy, is certainly one of the most valuable of the
modern improvements in the practice of government. In a monarchy it is
an excellent barrier to the despotism of the prince; in a republic it is
a no less excellent barrier to the encroachments and oppressions of the
representative body. And it is the best expedient which can be devised
in any government, to secure a steady, upright, and impartial
administration of the laws.
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. 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.
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