Re:Supreme Court rules ex-presidents have immunity for offic...
by godelski on Monday July 01, 2024 @05:59PM
(#40851241)
> Article III of the U.S. Constitution is incredibly brief [1].
So is the constitution. But I think what also matters a lot is things like the Federalist papers. Where these aren't explicit laws but are the motivations and philosophy behind them. Ruling by the letter of the law will always be tyrannical because no thing is perfect.
Federalist 78[0]
> The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
It's also worth mentioning here that this same document specifies that the judicial branch and executive branch are to remain distinct. That all the judicial branch can do is issue judgement, but are not capable of executing such judgement. I mention this because there is another question that arises if the one in charge of the executive branch is judged to have committed a crime by the judicial branch. But of course, this is back to the point that there are no global optima. There is no free lunch.
So is the constitution. But I think what also matters a lot is things like the Federalist papers. Where these aren't explicit laws but are the motivations and philosophy behind them. Ruling by the letter of the law will always be tyrannical because no thing is perfect.
Federalist 78[0]
> The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
It's also worth mentioning here that this same document specifies that the judicial branch and executive branch are to remain distinct. That all the judicial branch can do is issue judgement, but are not capable of executing such judgement. I mention this because there is another question that arises if the one in charge of the executive branch is judged to have committed a crime by the judicial branch. But of course, this is back to the point that there are no global optima. There is no free lunch.
[0] https://avalon.law.yale.edu/18th_century/fed78.asp