Backward Judiciary - Brutus XV

In Brutus XV, an Anti-Federalist author mocks the Judicial System under the Constitution for taking on the wrong parts of the British Government.

Brutus XV

March 20, 1788

In Brutus XV the anonymous Anti-Federalist author (probably Robert Yates) continues his attack on the Judicial System in the US Constitution.

He focuses on the framing of the Supreme Court as compared to that of the British Courts and points out why it is destined to fail.

The Wrong Parts of Britain

Brutus acknowledges that the US legal system is based on that of Great Britain, since most of it was inherited from the former Mother Country.

However, he takes exception to the idea that the Judges should serve for life.

He reminds the reader that lifetime appointments were important in Britain so that Judges could remain independent of the demands of the king.

In America, where there was no hereditary nobility, there was no reason for this.

Good Behavior

Brutus continues by admitting that he does not, in principle, disagree with the idea that Judges hold their position in ‘good behavior.’ 

The problem is, as he sees it, that (as discussed in previous articles) the Supreme Court Justices answer to no one.

In Britain, the decisions of the Judges are able to be reviewed by the House of Lords.

In the US Constitution things are reversed. The Judges review the laws of Congress.

Brutus concludes by claiming that the people can only rectify misdeeds of a government by choosing new representatives in elections.

But, in this system, there is no way for the people to wrest control from the Supreme Court and they will eventually be led to ruin.

If you would like to read the original text of Brutus XIV, click here to get it for FREE.

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Here is a link to the earlier Essays of Brutus I have covered: