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Judicial Jabberwocky In The Presidential Election 2000: When Law And Facts Collide With Politics, Theresa H. Hammond
Judicial Jabberwocky In The Presidential Election 2000: When Law And Facts Collide With Politics, Theresa H. Hammond
Mercer Law Review
Long before the United States Constitution was ratified, Americans displayed a deep skepticism of the judiciary. Codification of extremely detailed and complex laws was the palliate to judicial activism. People believed that if the laws were all published and readily accessible, judges would have less ability to substitute their own personal values and predilections for the will of the people, established through the legislation promulgated by their chosen representatives. Hamilton's first essay on the judiciary assured New Yorkers that "the judiciary is beyond comparison the weakest of the three departments of power" and that "the liberty of the people can …