Joseph D. Kirchner. Recovers Madison's actual framework and derives a six-step objective compliance test for separation-of-powers violations, validated against 36 Supreme Court decisions spanning 154 years (1872–2021) at a 100% correspondence rate.
Loading PDF…
“There is great reason that the King himself shall take account of it, and no other.”
“Shall not be drawn in question before any other Judge, for any surmise of corruption, except before the King himself.”
“It's the Birthright of the Subject to Petition.”
“To make it a Libel it must be False, it must be Malicious, and it must tend to Sedition.”
“If this be once allowed of, there will need no Parliament, all the Legislature will be in the King.”
“Access to the sovereign must not be shut up in case of the subjects distresses.”
“In causa sua propria nemo potest esse Judex.”
“So long as he is the true minister of God, and pronounceth according to his worde.”
“Ut poena ad paucos, metus ad omnes perveniat, without respect of persons, be they publique or private, great or small.”
“Geue no sentence before thou hast herde the cause, but first let men tell out their tayles.”
“Go not to lawe with the iudge: for he wyll iudge accordynge to hys awne honoure.”
“Heare the small as well as the greate, and be afrayed of no man, for the iudgement is Gods.”
“Questions which merely lurk in the record, neither brought to the attention of the court nor ruled upon, are not to be considered as having been so decided as to constitute precedents.”
“a reversion to the old notion that the King can do no wrong”
“the instructions cannot change the nature of the transaction, or legalize an act which without those instructions would have been a plain trespass”
“For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States”
“serra prise del fyle et cancell et ousterment deface”
“No man in this country is so high that he is above the law.”
“if this might bee suffered ye ground of all Justice would bee overthrowne”
“to remayne close prisoner vntill hee shall have confessed his abettors”
“The Jury asked forgivenes of William Aprice for the verdict / Aprice notwithstanding was condemned and executed”
“The witnesses not capable of the English Tongue vttered their deposicons in welsh but written in Englishe contrary to their sayings in welsh”
“he was as innocent of the faulte whereof he was condemned as the childe new borne”
“I praie you make knowne to the state after I am dead as you are my kinsman”
“Let them be Lions, but yet Lions vnder the Throne; Being circumspect, that they doe not checke, or oppose any Points of Soueraigntie.”
“Hereafter the Greatness of a Judge or Magistrate shall be no Sanctuary or Protection to him against Guiltiness.”
“The questioning of Men in eminent Places, hath the same Terror, though not the same Rigour with the Punishment.”
“You will make Bribery to be unpunish'd, if he who carrieth the Bribe shall not be a Witness.”
“If the Fountains be muddy, what will the Streams be? If the great Dispenser of the King's Conscience be corrupt, who can have any Courage to plead before him?”
“no Court can be esteemed in Law, or Reason, a competent Judge of its own Errors”
“to judge in a point of difference, hearing but one partie speake, is assuredly to be vnjust”
“although malice be the accuser, justice should be the punisher”
“whether the ministers of justice may oppress with impunity!”
“The right to sue and defend in the courts is the alternative of force. In an organized society it is the right conservative of all other rights, and lies at the foundation of orderly government.”
“so that no wrong or injury, either publick or private, can be done, but that this shall be reformed or punished in one court or other by due course of law”