...appropriate response of the judicial branch was best summarized by Alexanger Hamilton when he observed: "By a limited Constitution, I understand one which...instance, as that it shall pass no bills of Attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved and practiced no other...

...legislative and executive powers."" Id., quoting Montesquieu's Spirit of Laws. Thus, he concluded: "The complete independence of the courts of justice...is peculiarly essential in a limited Constitution." Id. It was in recognition of the inherent weakness of the judiciary, particularly as contrasted with...

...authority. Federalist Number 78 formed the conceptual heart of Hamilton's attitude toward the judiciary: "The complete independence of the courts of justice is peculiarly essential in a limited constitution."46 Arguing for judicial review of legislation's constitutionality, he denied that such...

...courts to expound and define their true meaning and operation." Indeed, Hamilton went on to say that "[t]he complete independence of the courts of justice...is peculiarly essential in a limited Constitution." He concluded that "[a] constitution is, in fact, and must be regarded by the judges, as a fundamental...

...made this very point in the most important defense by a founder of the principle of judicial review: The complete independence of the courts of justice...instance as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way...

...in Lovett , 328 US, supra, at 314: "To quote Alexander Hamilton, '...a limited constitution. ..[ is] one which contains certain specified exceptions to...instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way...

...constitution; and in a great measure as the citadel of the public justice and the public security. The complete independence of the courts of justice...constitution I understand one which contains certain specif1ed exceptions to the legislative authority; such for instance as that it shall pass no bills...

...is especially important "in a limited constitution," Hamilton contends. By this he means a charter "which contains certain specified exceptions to the...instance as that it shall pass no bills of attainder, no ex post facto laws, and the like." He argues that "limitations of this kind can be preserved in practice...

...(1 Cranch) at 176. 46/rf. at 178. "See THE FEDERALIST No. 78, supra note 29, at 466 (A. Hamilton): By a limited constitution, I understand one which...instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way...

...constitution where legislative invasions of it had been instigated by the major voice of the community. The complete independence of the courts of justice...is peculiarly essential in a limited constitution: it guards the constitution against legislative infractions of the constitution not only when the encroachments...