It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments.
Alexander HamiltonAfter an unequivocal experience of the inefficacy of the subsisting federal government, you are called upon to deliberate on a new Constitution for the United States of America.
Alexander HamiltonThe President, and government, will only control the militia when a part of them is in the actual service of the federal government, else, they are independent and not under the command of the president or the government. The states would control the militia, only when called out into the service of the state, and then the governor would be commander in chief where enumerated in the respective state constitution.
Alexander HamiltonThe inquiry constantly is what will please, not what will benefit the people. In such a government there can be nothing but temporary expedient, fickleness, and folly.
Alexander HamiltonIt is in vain to hope to guard against events too mighty for human foresight or precaution, and it would be idle to object to a government because it could not perform impossibilities.
Alexander HamiltonNothing can be more evident, than that an exclusive power of regulating elections for the National Government, in the hands of the State Legislatures, would leave the existence of the Union entirely at their mercy . . . . It is to little purpose to say that a neglect or omission of this kind [not letting the feds have elections], would be unlikely to take place. The constitutional possibility of the thing, without an equivalent for the risk, is an unanswerable objection.
Alexander Hamilton