Independent Legal Ethics Journalism
Topic

The Founders vs. Today's Judiciary: A Constitutional Crisis

How the American judiciary has drifted from the vision of the Founding Fathers — and what the Founders' own words tell us about the crisis in our legal system today.

The Founding Fathers were acutely aware of the dangers of an unaccountable judiciary. Jefferson warned that federal judges would work 'like gravity by night and by day' to expand their power. Madison insisted that no branch of government could be trusted to police itself. Hamilton promised that the judiciary would be staffed by men of 'integrity and moderation' — a promise that the intervening centuries have put to the test. The Ethics Reporter's Take America Back series examines the American legal system through the lens of the Founders' vision — asking not just what is happening in our courts today, but whether it comports with the constitutional design the Founders intended. We draw on primary sources: the Federalist Papers, Jefferson's letters, Madison's notes from the Constitutional Convention, and the text of the Constitution itself. The case we make is not partisan: the Founders' concerns about judicial overreach, professional self-dealing, and the corruption of institutions apply equally regardless of political affiliation.

Related Investigations

Got a Tip?

The Ethics Reporter investigates attorney misconduct and judicial corruption. If you have information relevant to this topic, we want to hear from you.

Submit a Tip