Hamilton’s objections and fears about the capabilities of the judiciary were once unsubstantiated due to the Founders’ early efforts to establish judicial oversight and review. Despite these efforts, modern-day limitations of judicial rulings—exemplified by Supreme Court decisions such as Trump v. CASA Inc.—have actualized Hamilton’s ideas about the shortcomings of the judicial branch. These decisions represent the latest phase in a centuries-long evolution of decisions that have consistently weakened judicial oversight. From the establishment of judicial review to wartime expansions of executive authority and recent constraints on the courts, this development threatens the foundational system of checks and balances and poses risks to citizens.

Read More