Mr. Alexander Hamilton

The Judiciary

October 1, 2018

 

Dear Mr. Hamilton:

You might be interested to know that you have made it to Broadway! That’s right, there is a play about you that is a huge hit and you would be shocked to see the price that people are paying for tickets. For me personally, I have no desire to see it since I feel it distorts history and if anyone wants to learn about you there are plenty of good books they can read, but once again I digress. I am writing to you today regarding a quote you had in the Federalist Papers No. 78 from 1788 in regard to the judiciary:

“And it proves, in the last place, that liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments.”

Mr. Hamilton I see this as you are telling us that if the judiciary remains independent of the Executive and Legislative branches we have nothing to fear regarding our liberties. Unfortunately, it seems that both departments can’t seem to help themselves and must get involved and throw a wrench into the works. Both are so concerned as to which way the courts will lean either right or left, they try to influence who is appointed and how the judiciary should function.

Throughout our history the courts have swayed from liberal to conservative back to liberal and back again and it seems to have worked fine.

Now, however, both the Executive and Legislative branches are so concerned as to which way the courts will lean that they hold up nominations, bicker and create gridlock. The proof is in the Supreme Court nominations and stalling tactics with Judge Merrick Garland and now the last-minute accusations against Judge Kavanaugh. Interference from the other branches or departments as you refer to them is truly something we should fear. We should worry when both legislative parties have made the process of choosing the judiciary on all federal levels nothing but a political circus and theater and any politician who tells anyone otherwise is delusional. Although the judiciary continues to act independently of politics, the legislative and executive branches use the judiciary for their own political gains.

Once either department gets their hands into the judiciary, our liberties are no longer there. It becomes a contest between political parties with their own agendas as well as causing clashes among the various branches. Once again, we have been warned by you and the other Founders but again have ignored the warning.

So, Mr. Hamilton although I do not want to see your play, I have had a change of heart and will now see it and I will definitely write you about it another time.  In the meantime, maybe you can give us some ideas on how we can get your thoughts across to those who rule and help eliminate this gridlock and insure our future liberties.

Yours truly,

Andrew J. DeMarco