In Federalist 78, Hamilton opposes the view of the Anti Federalist; he believes that theres no reason to fear the Judicial branch because they do not have the power that the other two branches have. This branch is the weakest. “The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever”. The branch has only the power of judgment and with that it can also protect the constitution. “whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void”.
I understand why some people would have feared the judicial branch. They are in office for life and once they are appointed they
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If laws were made and they didn’t follow the constitution, then America wouldn’t be America anymore. Therefore I believe that their role to protect the constitution is essestial to protect the country and also the people. They also have an appropriate amount of power over the legislative branch. If the legislature makes the laws that do not go according to the constitution, the judicial branch has the power to declare their acts unconstitutional. “Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power.” Futhermore, the judicial branch is there to make sure the constitution is followed ultimately so that the will of the people is considered and protected.
In conclusion I believe that as Hamilton said, that there is no need to fear the judicial branch because they will be of “good behavior”. I believe that they have a strong role in our government as they protect the constitution and the people. They also do have checks and balances over the other two branches so they can declare anything unconstitutional. Finally the main objective is to protect the people using the
·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.
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...
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.
“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.
The court determines whether on not an action is constitutional or not through the process of judicial review. Not only do they keep the Legislative and Executive branch in line, they keep other courts in line. Many and very few cases require the Supreme Court to review and overturn decision. Example are the Miranda v. Arizona cases where the police was in the wrong by violating Miranda’s Fifth and Sixth Amendment therefore ruling in Miranda’s favor. Also the Weeks v. United States case was an example of the Fourth and Fifth Amendment being violated was again ruling in the defendent’s favour. Finally, the Plessey v. Furguson case was a little different really displaying the courts power to interpret laws and ruling in the prosecuter’s favour. The Judicial Branch is certainly not the weakest branch and has a more important role than many people
On February 25th, 1793, Washington held his first full Cabinet meeting with Secretary of State Thomas Jefferson, Secretary of the Treasury Alexander Hamilton, Secretary of War Henry Knox, and Attorney General Edmund Randolph. Once in office the two immediately made it clear they’ll never truly see eye to eye. Hamilton, a true believer in a strong central government, felt he needed to limit democracy and make the U.S. a powerful nation “It has been observed . . . that a pure democracy if it were practicable would be the most perfect government. Experience has proved that no position is more false than this.” (Hamilton, speech-urging ratification of the Constitution in New York June 17, 1788). He turned to Article I, Section 8, Clause 18 of the Constitution, which allows Congress to have the power "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." utilizing it to make his America; this was also known as the elastic clause or as he called it, Broad Construction. In order to expand the powers, he broadly interpreted the meaning of the Constitution. Jefferson could not contend with any of Hamilton’s ideals. He believed in Strict Construction. He
Federalists such as Hamilton supported ratification. But Anti-Federalists, who feared that the document gave too much power to the federal government, worked to convince the states to reject it. Hamilton believed that the ratification was necessary because giving more power to the central government was essential for the nation's survival. In The Federalist Papers Hamilton sets the stage for those that would follow, entitling that "The vigor of government is essential to the security of liberty." The essay...
According to Scott (2008), the Constitution of America has undergone several translations within the history of America because they found it to be unclear. Whereas it appears discrepant that the unclear Constitution could be useful, the disagreement is the case (Robertson, 2005). Americans regard the Constitution to be helpful for the reason that it allows for diverseness of views. In the history of America, a variety of thoughts would develop with alarming and formidable support through various factions (Robertson, 2005). Today, the main political arguments are presented from the Republican group or Democratic group. During the early periods of the American government, arguments on politics were made by Thomas Jefferson and Alexander Hamilton as the greatest personalities of that time (Pancake, 1974). However, the visions of these personalities for the American future were absolutely dissimilar. Both Thomas Jefferson and Alexander Hamilton were statesmen and outstanding founders of America (Scott, 2008). Thomas Jefferson was the first Secretary of the States, while Alexander Hamilton was the Treasury Secretary (Scott, 2008). These two personalities were very well-educated. Thomas Jefferson got his education at the College of William and Mary in Virginia, while Alexander Hamilton graduated from Kings College, currently known as Columbia University, in New York.
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.
... their rulings. They do not make the laws; that is the job of Congress. Their primary goal is to interpret and decide the constitutionality of federal law. As stated previously from Section 1 of Article 3 of the Constitution about the establishment of the Supreme Court and creation of the lower federal courts, the combination of these court systems represents the original Framer’s compromise to establish a national court and allow state courts to exercise jurisdiction in disputes falling under federal law.
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.
In the federalist paper # 51 James Madison explains and defends checks and balances system in constitution. Each branch is organized in such a way that ensures that any individual branch never becomes too powerful. The quote “Ambition must be made to counteract ambition” means if the power is evenly distributed through the three branches, it will essentially cancel each other out and none of them would have an advantage politically over the other. However, if the principles of checks and balances were strictly followed it would mean citizens elect the president, the legislator, and the judges. That is not practical because an average citizen most likely won’t know the necessary qualifications a legislator or judge should possess. Because of
Hamilton felt it is the least dangerous of the three branches of government because it does not make the laws as the legislative branch does; it simply interprets the laws that have been passed by the legislative branch and that have been approved by the executive branch. However, law-making process was not as transparent as it is now. This was because congressmen can be pressured by their constituents, lobbyists, and powerful people to write laws or vote for laws that are against the dictates of their consciences. Or they may wish to include in bills things that will enable them or their constituents. At any rate, there may seem to be more opportunities for corruption in both the legislative branch and the executive branch in lawmaking than in the judicial branch's interpretation of these
The United States judicial system has the least written about it in the constitution out of all of the three branches, with only two sections outlining the structure of the entire system. This means that much of the judicial branch's power has come from precedents over time and legislation from Congress, leaving the branch far from perfect. Sadly one of the biggest flaws of the court system comes from Article 3, Section 1 of the Constitution, which says that federal judges serve for life while on good behavior. Lifetime tenure for federal judges must be replaced with fixed terms in order ensure the courts stability and functionality.
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”