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The federal court system consist of
Federalist Essay 78
Analysis of federalist 10
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Federalist #78, written by Alexander Hamilton, is an essay to argue for the proposed federal courts, their powers, and means of appointing judges. In the essay, Hamilton claims that the judiciary will be the “least dangerous to the political rights of the Constitution.” He says it will be the least , dangerous because the branch will be the least in abundant use. This implies that the other two branches will be used more. The executive branch not only “dispenses the honors”, but also enforce the laws over the entire country. 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 effectiv...
Federalist 51 is an essay written by James Madison in support of the creation of the United States Constitution which would serve as the replacement for the faulty Articles of Confederation. Madison along with several other federalists wrote a series of anonymous essays that eventually became to be known as the Federalist Papers. The purpose of these essays was to inform the public about the suggested structure for the new government that would protect our natural rights. Madison’s paper Federalist 51 outlines a description of the foundation of the new government where each branch of the government would have its own unique and separate powers exclusive to that branch and the power to check and balance the other branches.
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
Federalist no. 78 is persistent in its sort of justifications of the Constitutions vagueness. The letter claims that the judiciary branch is of the least danger of t...
Gordon Wood calls the new Federal Constitution a "radical experiment", and believes the framers of that Constitution to be political radicals, why does he believe so?
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...
Amongst the Anti-Federalist Papers, there are at least three arguments against the proposed checks and balances system. At the very beginning of these papers, Centinel quickly introduces the first of them. The author defines the thought of the system as proposed by Adams. He then argues that the system would only work in a society with hereditary orders. His example: the British have such orders, creating real distinctions of rank and interests. Even in this system, according to Centinel, the only “operative and efficient check” is the sense of the masses.
Madison begins perhaps the most famous of the Federalist papers by stating that one of the strongest arguments in favor of the Constitution is the fact that it establishes a government capable of controlling the violence and damage caused by factions. Madison defines that factions are groups of people who gather together to protect and promote their special economic interests and political opinions. Although these factions are at odds with each other, they frequently work against the public interests, and infringe upon the rights of others.
"This inquiry will naturally divide itself into three branches- the objects to be provided for by a federal government, the quantity of power necessary to the accomplishment of those objects, the persons whom that power ought to operate," writes Alexander Hamilton in the Federalist #23 in reference to the separation of powers. The basic concept here is the idea of the federal government being divided into three separate branches that would balance excessive democracy through a system of checks on each other. The three branches, respectively known as the legislature (Article I), the executive (Article II), and the judiciary (Article III), were designed to entice the opponents of the Co...
The Judiciary Branch offers checks and balances to the other branches of government. To both the Legislative and Executive branches, the Judicial Branch holds the power of judicial review. The Judicial branch can also declare existing laws as unconstitutional.
It has been said that the U.S. Constitution is deliberately inefficient because of it forces the other branches to check the powers eliminating one becoming more dominant than the other two. The three branches of government are legislative, executive, and judicial. The legislative branch enacts federal laws on a national level in Congress, which is comprised of the House of Representatives and the Senate. The executive bran...
After the establishment of the constitution, the Federalist administrations faces many significant challenges when dealing with the economics of the United States; much of the country was divided over issues such as how to raise money, establishing a public credit system, how to pay the national debt, and whether or not a national bank should be established. Leaders like Alexander Hamilton, Thomas Jefferson, and James Madison came to represent the ideas of the people and as these ideas became more solid, debate and opposition rose. The Federalists saw multiple ways to resolve these issues, and the resolutions established that leadership in the United States would be successful.
The legislative, executive, and judicial branches represent the constitutional infrastructure foreseen by the Founding Fathers for our nation 's governing body. Together, they work to maintain a system of lawmaking and administration based on checks and balances, and separation of powers intended to make certain that no individual or embodiment of government ever becomes too controlling. America is governed by a democratic government or a democracy which is a government by the people, in which the power is established in the people themselves. The people then elect representatives who carry out their power in a free electoral system. The United States government’s basic claim is to serve the people and only through a combined effort can we
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.
Those who feared that the federal government would become too strong were assured by Madison in Federalist No. 14 that “in the first place it is to be remembered that the general government is not to be charged with the whole power of making and administrating laws…The subordinate governments, which can extend their care to all those other objects which can be separately provided for, will retain their due authority and activity”
Federalist paper number ten is by far one of the most famous American essays to be written. James Madison begins this essay by stating that one of the greatest accomplishments of the constitution, is its ability to be capable of controlling violence and damage caused by factions. The paper was written to address the problems with factions in a republic and Madison’s proposed way of guarding against factions and the damage that they can cause.