ALEXANDER HAMILTON, one of the Framers of the United States Constitution, wrote in The Federalist No. 78 to defend the role of the judiciary in the constitutional structure. He emphasized that "'there is no liberty, if the power of judging be not separated from the legislative and executive powers.' … [L]iberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments." Hamilton's insight transcends the differences between nations' judicial systems. For only with independence can the reality and the appearance of zealous adherence to the Rule of Law be guaranteed to the people.
More recently she has said, "The concept of retaliation against the courts for past federal court decisions is very troublesome."