DONALD TRUMP says outrageous things almost every day, but few of his incendiary comments and tweets refer to concrete changes a Trump administration would be likely to introduce. Many of Mr Trump’s proposals, including a ban on Muslims entering the United States, would falter in the hands of a less hot-headed Congress. But the Republican nominee’s attitude toward the judiciary may be more ominous. Mr Trump's new tirade against a federal judge overseeing two class-action fraud lawsuits involving the now-defunct Trump University suggests that Mr Trump is ready and willing to undercut a founding ideal of the American republic—all by himself.
In Federalist #78, Alexander Hamilton wrote that keeping the judiciary independent of the other branches of government is “the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws”. But since “the judiciary is beyond comparison the weakest of the three departments of power”, it is uniquely vulnerable. “[A]ll possible care is requisite”, Hamilton...Continue reading
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