Author Topic: Adjudicating From The Bench  (Read 95 times)

Online Solar

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Adjudicating From The Bench
« on: December 10, 2018, 06:29:44 AM »
Ya know, I've looked all through out our Founding Documents, and for the life of me, I am unable to find where this practice is Constitutional.
Does anyone remember a point in time where a judge was given the power of Congress, or, that of usurpation over Congress, in making law from the bench?
Seriously, does anyone know, did SCOTUS blunder at some point, or did our so called Representatives fall asleep at the bench?
For the life of me, I don't remember a single case that stole the power granted to Congress.

Separation of Powers

“An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others.” – James Madison, Federalist 84, 1788

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” – James Madison, Federalist 47, 1788

“A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” – James Madison, Federalist 51, 1788

“The principle of the Constitution is that of a separation of Legislative, Executive and Judiciary functions, except in cases specified. If this principle be not expressed in direct terms, it is clearly the spirit of the Constitution …” – Thomas Jefferson, letter to James Madison, 1797
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