The experience of Great Britain
affords an illustrious comment on the excellence of the institution.
PUBLIUS
1. The celebrated Montesquieu, speaking of them, says: "Of the three
powers above mentioned, the judiciary is next to nothing." -- Spirit of
Laws. Vol. I, page 186.
2. Idem, page 181.
3. Vide Protest of the Minority of the Convention of Pennsylvania,
Martin's Speech, etc.
____
FEDERALIST No. 79
The Judiciary Continued
From MCLEAN's Edition, New York.
Wednesday, May 28, 1788
HAMILTON
To the People of the State of New York:
NEXT to permanency in office, nothing can contribute more to the
independence of the judges than a fixed provision for their support. The
remark made in relation to the President is equally applicable here. In
the general course of human nature, a power over a man's subsistence
amounts to a power over his will. And we can never hope to see realized
in practice, the complete separation of the judicial from the
legislative power, in any system which leaves the former dependent for
pecuniary resources on the occasional grants of the latter. The
enlightened friends to good government in every State, have seen cause
to lament the want of precise and explicit precautions in the State
constitutions on this head.
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