Robert Yates(?), a non-signing Delegate to the Constitutional Convention, using the penname “Brutus,” publishes an anti-federalist essay, warning that ratification of the Constitution for the united States will result in judicial despotism. In paragraph four he writes,
… Rendering the judges independent; which, in the British constitution, means no more than that they hold their places during good behaviour, and have fixed salaries, they have made the judges independent, in the fullest sense of the word. There is no power above them, to controul any of their decisions. There is no authority that can remove them, and they cannot be controuled by the laws of the legislature. In short, they are independent of the people, of the legislature, and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself. … [emphasis added]
NOTE: Although the identity of “Brutus” is not known for sure, many scholars believe him to have been Robert Yates, an Associate Justice of the New York Supreme Court.
[restored 10/4/2021]
Subsequent Events:
References:
Murray Dry, The Anti-Federalist: An abridgement, from The Complete Anti-Federalist by Herbert J. Storing, ed., (Chicago and London: University of Chicago Press, 1985), 182-83.
Brutus XV (pt. 1)
www.infoplease.com/primary-sources/government/anti-federalist-papers/brutus-xv-pt-1
The Prophetic Antifederalists | Mises Institute
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