Undisclosed LLC v. State

Peterson, Justice.

Alexander Hamilton famously observed in Federalist 78 that courts “have neither FORCE nor WILL, but merely judgment.” Notwithstanding this general principle, the Georgia Constitution does confer on us some carefully defined room for the exercise of will: it vests in this Court the power to approve rules for each class of court in this State. That is a policymaking power. We can approve or disapprove a proposed rule based on whether we think it’s a good idea. But once we’ve approved a rule, our policymaking role is at an end and Hamilton’s observation applies with full force.…