Chapter V: The Federal Judiciary

Relation of the judicial to the other checks 65 The constitutional status of judges in England 67 The American was not a copy of the English judicial system 68 Hamilton's defense of the Federal judiciary 73 His desire to limit the power of the people 82 Relation of the judicial to the executive veto 85 Revival of the judicial veto in the state governments 87 The judicial veto was not mentioned in the Constitution 90 The Federalist appointments to the Supreme Bench 94 Significance of the veto power of the Supreme Court 97 A monarchical survival 103 Political and judicial powers 107 Power to veto laws not judicial 108 Character of the laws vetoed by the Supreme Court 111 Decline of the belief in judicial infallibility 113 Government by injunction 116 The judicial veto in relation to treaties 119 The disadvantages of a deferred veto 123