The courts must declare the sense of the law and if they should be disposed exercise will, instead of judgment, the consequences would be the substitution of their pleasure for that of the legislative body.
About this quote
- What does it mean?
- Hamilton insists courts must interpret law, not replace legislative intent with their own desires.
- In plain terms
- Judges should apply laws, not make them.
- What can you take from it?
- Respect the separation of powers.
Where it applies
Putting it to work
Questions to consider
- How should judges interpret law?
- Who decides what the law means?
Another view
Judges must sometimes interpret vague laws.
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