TPS60: Election 2020 — The Court and the Social Dilemma
Why is the U.S Supreme Court so important? Should it really be that important? Tune in this week as we talk about the passing of Supreme Court Justice Ruth Bader Ginsburg. What does this mean for the Election? Tune in today plus don’t miss a brief but important conversation on a film lots of people are talking about, The Social Dilemma. You don’t want to miss this.
Release Date: Friday, September 25, 2020
Excerpt from the Federalist No. 78 by Alexander Hamilton:
The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of the courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two contradictory statutes; or it might as well happen in every adjudication upon any single statute. The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body. The observation, if it prove any thing, would prove that there ought to be no judges distinct from that body.
But it is not with a view to infractions of the Constitution only that the independence of the judges may be an essential safeguard against the effects of occasional ill humors in the society. These sometimes extend no farther than to the injury of the private rights of particular classes of citizens, by unjust and partial laws. Here also the firmness of the judicial magistracy is of vast importance in mitigating the severity and confining the operation of such laws. It not only serves to moderate the immediate mischiefs of those which may have been passed but it operates as a check upon the legislative body in passing them; who, perceiving that obstacles to the success of an iniquitous intention are to be expected from the scruples of the courts, are in a manner compelled, by the very motives of the injustice they meditate, to qualify their attempts. This is a circumstance calculated to have more influence upon the character of our governments than but few may be aware of. The benefits of the integrity and moderation of the judiciary have already been felt in more states than one; and though they may have displeased those whose sinister expectations they may have disappointed, they must have commanded the esteem and applause of all the virtuous and disinterested. Considerate men of every description ought to prize whatever will tend to beget or fortify that temper in the courts; as no man can be sure that he may not be tomorrow the victim of a spirit of injustice, by which he may be a gainer today. And every man must now feel that the inevitable tendency of such a spirit is to sap the foundations of public and private confidence and to introduce in its stead universal distrust and distress.
January 22, 2021
January 22, 2021
What is your story? What journey is your life on? Tune in today to hear some powerful stories of transformation and hope. Topic: Deep Questions The Public Square® with hosts Dave Zanotti and Wayne Shepherd thepublicsquare.com Air Date: Friday, January…
January 21, 2021
What is one of the most amazing statements atheist, Richard Dawkins, has every made? Tune in today to find out. Topic: Deep Questions The Public Square® with hosts Dave Zanotti and Wayne Shepherd thepublicsquare.com Air Date: Thursday, January 21, 2021…
January 20, 2021
Who do you think that you are? This question can often be said in the negative. There’s an interesting way to think about this question in light of the Bible. Tune in today to hear more. Topic: Deep Questions The…
January 19, 2021
If you’ve listened to The Public Square® for any amount of time, you know how we feel about political parties. This week on TPS Express we are taking a historical look at political parties, along with how the current…
January 19, 2021
Who defines what is going on in our nation? What’s the difference between opinions and answer? Tune in as we talk about it today on The Public Square®. Topic: Rediscovering American History The Public Square® with hosts Dave Zanotti and…
January 18, 2021
Does God care about the government you live under? If He cares, does He have an opinion about it? Tune in today to hear more. Topic: Deep Questions The Public Square® with hosts Dave Zanotti and Wayne Shepherd thepublicsquare.com Air…
January 15, 2021
Join us today as we navigate the state of our nation and current events. There is still an active God who cares about truth, righteousness, and justice. With this truth in hand, our discussion focuses on this resounding question:…