Alexander Hamilton: The Weakest Branch Of Government

1820 Words4 Pages
bulb-icon

Recommended: The role of judiciary essay

In my essay I will address the question “Alexander Hamilton famously described the judiciary as the weakest branch of government. Do you agree with this statement in the context of the Irish constitution?” In my answer I will be engaging, critically, with the concept of the separation of powers and the manner in which the judiciary interacts with other organs of government, to do this I will be talking about three main topics, so I will split my essay into sections to separate them. In my first section I will address what the separation of powers is before moving on to my next section in which I will discuss what the judiciary is, what it does in relation to the constitution and how it interacts with other branches of the government. Next I will discuss Alexander Hamilton’s statement in relation to the judiciary where he calls it ‘the weakest branch of …show more content…

2 of the Constitution gives this power to the Government, that is, the Taoiseach, the Tanaiste and the cabinet of Ministers. “The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government.”
The last branch and the branch that is most important to this essay is the judicial branch, The judicial power is the power to interpret and apply the law to disputes and conflicts that arise between the State and the individual and disputes and conflicts that arise between individuals. Article 34.1 of the Constitution give this power to the courts. “Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in

Show More
Related

  • Hamilton and Limited Government

    1634 Words  | 4 Pages

    ·The proposed band would raise $10 million through a public stock offering. The Treasury would hold one fifth of the stock and name one fifth of the directors, but four fifths of the control would fall to private hands. Private investors could purchase shares by paying for three quarters of their value in government bonds. In this way, the bank would capture a significant portion of the recently funded debt and make it available for loans; it would also receive a substantial and steady flow of interest payments for the Treasury. Anyone buying shares under these circumstances had little chance of loosing money.

    Read More

  • Analysis Of Federalist 78

    522 Words  | 2 Pages

    The legislative branch holds the budget for the country and creates the laws in which the citizens must abide by. The judiciary, he says, will have no power over the executive and legislative branches. He also writes that it cannot move forward the society in wealth and in strength, and cannot resolve any active problems that the country is facing in any circumstances. According to Hamilton, the judiciary could be said to have “neither force nor will, but merely judgment,” and that it must depend on the executive branch, even to make their judgments more effective.

    Read More

  • Alexander Hamilton's "Federalist no. 78"

    1100 Words  | 3 Pages

    In Federalist no. 78 Hamilton explains the powers and duties of the judiciary department as developed in Article III of the Constitution. Article III of the Constitution is very vague on the structure of the federal courts. Hamilton had to convince Americans that the federal courts would not run amok. He presented that the federal courts would not have unlimited power but that they would play a vital role in the constitutional government. Hamilton limited judiciary power by defining it as a text-bound interpretative power. (R.B Bernstein) This essay was intended to endorse as well as interpret the Constitution.

    Read More

  • Alexander Hamilton: Strong Central Government

    468 Words  | 1 Pages

    “It’s not tyranny we desire; it’s a just, limited, federal government.” Alexander Hamilton. When Hamilton said this he was expressing the way he felt about central government. Hamilton and Jefferson both had very different views on government. Hamilton wanted a strong central government and Jefferson wanted all of the power to belong to the states. Alexander Hamilton’s views on government were better for what the United States would become.

    Read More

  • The Impact on America of Alexander Hamilton and Thomas Jefferson

    613 Words  | 2 Pages

    The Impact on America of Alexander Hamilton and Thomas Jefferson Thomas Jefferson and Alexander Hamilton were completely at odds in their vision of how America was to develop. Hamilton wanted to concentrate power in a centralized federal government with limited access and Jefferson wished to diffuse it among all the eligible freemen of the time. Alexander Hamilton feared anarchy and distrusted popular rule while Jefferson feared tyranny and thought in terms of liberty and freedom. Thomas Jefferson was an agrarian soul who favored popular rule. He placed his trust in the land and the people who farmed it and desired that America would remain a nation of farmers.

    Read More

  • Three Branches: The Impact on Law Enforcement

    1151 Words  | 3 Pages

    September 17, 1787, Philadelphia, Pennsylvania; during the heat of summer, in a stuffy assembly room of Independence Hall, a group of delegates gathered. After four months of closed-door quorums, a four page, hand written document was signed by thirty-nine attendees of the Constitutional Convention. This document, has come to be considered, by many, the framework to the greatest form of government every known; the Constitution of the United States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a president, who would act in the capacity of Commander in Chief of the Country’s military forces. The President of the United States also acts as head of state to foreign nations and may establish treaties and foreign policies. Additionally, the President and the departments within the Executive branch were established as the arm of government that is responsible for implementing and enforcing the laws written by Congress. Thirdly, under Article three of the Constitution, the Judicial branch was established, and consequently afforded the duty of interpreting the laws, determining the constitutionality of the laws, and apply it to individual cases. The separation of powers is paramount to the system of checks and balances among the three branches; however, although separate they must support the functions of the others. Because of this, the Legislative an...

    Read More

  • Alexander Hamilton: Triumph and Tragedies

    3968 Words  | 8 Pages

    To die a tragic death by the hand of another man- to carve ones way through destiny and shape one's future from the humblest of beginnings- to forge a legacy by a medium only those heralded as our countries "Forefathers" have per chanced to meddle with- these are the makings and the foundations for which great men and the dreams of our country rely upon.

    Read More

  • What Is Hamilton's Argument For The Unity Of The Executive Branch

    340 Words  | 1 Pages

    Thesis: Hamilton is arguing for the unity of the executive branch that is provided for in the United States Constitution. He is coming from the federalist side and believes in more power in the branches, the executive one specifically. He argues the benefits for more power, his central argument for unity, the accountability, and defense for his beliefs.

    Read More

  • The Pros And Cons Of The Federalist Paper

    1156 Words  | 3 Pages

    The three branches of the federal government is the Legislative, Judicial, and the Executive branch. According to the federalist papers, the Legislative branch is the strongest branch since they enact laws, therefore, by cutting the legislative branch in half by creating a Senate and a House of representatives, it makes the separation of powers more of a level playing field. Furthermore, the Judicial branch is considered the weakest out of the three since it has "...no influence over either the sword or the purse... can take no active resolution whatever... neither FORCE nor WILL, but merely judgment; and must... depend upon the aid of the executive arm... for... judgments” (Hamilton, Federalist 78) This means that it has no monetary or military power and that it relies directly on the legislative and executive branches to follow their rulings which makes sure that the government does not have too much power individually. Therefore, since it is the weakest branch, the court has the power of judicial review, which is the ability to decide whether acts by the other branches are constitutional or not (Hamilton, Federalist 78). Furthermore, one should not be concerned about the use of excess of power since according to Hamilton these are good people who aren’t influenced by outside sources other than the constitution. The separation of these three branches creates a system of checks and balances in which each individual form of government is independent of one another and is able to ensure that each other do not step out of line (Hamilton, Federalist

    Read More

  • Marbury v. Madison: Analyzing the Implications of Judicial Review

    1183 Words  | 3 Pages

    The Constitution confers judicial power on the Supreme Court and on inferior courts as created by Congress (Hames & Ekern, 2013). Judicial review is the power of the court to interpret the Constitution and invalidate conflicting laws.

    Read More

  • Federalist Alexander Hamilton

    672 Words  | 2 Pages

    As a federalist Alexander Hamilton wanted to establish a stronger federal government under a new Constitution. He met in Philadelphia with other delegates to discuss how to fix the Articles of Confederation that created a weak central government. During the meeting, Hamilton expressed his view that a dependable current source of revenue would be crucial to develop a more powerful and resilient central government. Although Hamilton played a diminutive part in the writing of the Constitution itself, he did heavily influence its ratification. In cooperation with James Madison and  John Jay, Hamilton wrote fifty one of eighty five essays under the joint title The Federalist “The Federalist Paper.” In the essays, he cunningly explained and defended the newly drafted Constitution prior to its approval. In 1788, at the New York Ratification Convention, two thirds of delegates opposed the Constitution, however Hamilton was a powerful advocate for ratification, effectively arguing against the anti Federalist persuasion. His efforts succeeded when New York agreed to ratify, which led the remaining eight states to follow. He had a proposal for the new government that was modeled on the British system, which Hamilton considered the best.

    Read More

  • Judiciary as the Most Powerful Branch of Government

    2619 Words  | 6 Pages

    Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.

    Read More

  • Structure of American and California Governments

    9636 Words  | 20 Pages

    The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.

    Read More

  • Parliamentary Sovereignty Or The Rule Of Law Essay

    858 Words  | 2 Pages

    An issue that has remained debatable since the Jackson litigation was what ought to be the ultimate controlling factor in the British constitution: parliamentary sovereignty or the rule of law. This essay sets out to consider the reputedly irreconcilable tension between the two fundamental constitutional principles by analysing the extensive obiter dicta in Jackson and relating it to judicial review which upholds the rule of law. The contention of this essay is that despite the courts' deferential attitude towards the sovereignty of the laws of Parliament, the rule of law may potentially gain dominance and surpass parliamentary sovereignty to become the ultimate controlling factor in the British constitution.

    Read More

  • Judges Must Make Law

    2340 Words  | 5 Pages

    This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group.... ... middle of paper ... ... Carl F. Stychin and Linda Mulcahy, Legal Methods and Systems, (4th edn, Sweet & Maxwell 2010).

    Read More

More about Alexander Hamilton: The Weakest Branch Of Government

Open Document