151. The Least Dangerous Branch and the ends of American Constitutionalism: Publius on the Judiciary.
- Author
-
Williams, Ryan
- Subjects
- *
CONSTITUTIONALISM , *RHETORIC & politics , *LEGISLATIVE amendments ,UNITED States politics & government, 2009-2017 - Abstract
The judiciary, and especially the Supreme Court, continue to be at the center of discussions of both the theory and practice of American politics. The first systematic case for the ends and objects of that power can be found in The Federalist Papers. Part political tract and part political theory, Publius' writings in defense of the proposed Constitution can be supposed to be a blend of convincing political rhetoric and a lasting theoretical and practical guide to future citizens and politicians. Thus, Publiusâs presentation of the judiciary, and especially the Supreme Court, deserves renewed discussion. A careful treatment of Papers 78-83 in light of the whole of the Federalist is the purpose of this paper. Article III of the Constitution is much as it ever was, and so Publiusâ description of it within the larger constitutional structure should still be relevant to the task of the development and preservation of republican government. The Reconstruction Amendments (and others) have altered the Constitution, but the ends of a properly constituted judiciary can be expected to have changed little, even if the means with which it was endowed to protect and preserve have expanded. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2009