"[A]s the Courts are generally the last in making the decision, it results to them by refusing or not refusing to execute a law to stamp it with its final character. This makes the Judiciary department paramount in fact to the Legislature, which was never intended, and can never be proper."
by:
James Madison
(1751-1836), Father of the Constitution for the USA, 4th US President
Source:
OBSERVATIONS ON THE "DRAUGHT OF A CONSTITUTION FOR VIRGINIA," October 15, 1788
ref: The Papers of James Madison,
http://lf-oll.s3.amazonaws.com/titles/1937/Madison_1356-05_EBk_v6.0.pdf
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Reader comments about this quote:
The myth of the three coequal branches must be dispelled, but historically correct argument is that the judiciary is the least powerful branch of government because it is farthest from the control and accountability to the people in the legislature is the most powerful because it is the closest to the peoples accountability.
Through the years the court has usurped (judicial supremacy) and given itself powers and jurisdiction that were never granted to it in the constitution and they are not the final arbiters of of what is and what is not constitutional, it is time for the people to put down this judicial oligarchy.
 -- Mike, Pleasant Hill     
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    True Mike. The issuing of court orders is the issuing of laws and this was never meant to be by our founding fathers.
     -- cal, Lewisville, tx     
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    I agree,Mike and cal.
     -- jim k, austin tx     
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    The Judiciary department, being paramount to the Legislature, stamping legislation with its final character, never was intended, and can never be proper.
     -- Mike, Norwalk     
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    A correction of this flaw has yet to be implemented. As a consequence, a clan of lawyers has hijacked the Common Law of America and through 'legal' tricks has stolen the money, the land, and the liberty of the people.
     -- E Archer, NYC     
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