Alexander Hamilton Pros And Cons
Alexander Hamilton wrote the Federalist Papers which was a persuasive document appealing to the formation of a strong national government. In Federalist #78, Hamilton described his plan for a judicial system set up by the Federal Government that would interpret laws and hold them to the standard of the Constitution. In his essay, he remarked the judicial branch as the weakest of the branches. His reasoning behind this claim was that the judiciary posed the least threatening to individuals rights found in the Constitution. The judges themselves only held the power to interpret laws and strike them down during the legislative process. With the judiciary being the weakest branch, they could never infringe on individuals rights and liberties. The legislative and executive branches could pass laws or over …show more content…
What this entails is that the judicial branch should be exempt from partisan voting and elections and remain unbiased in their ruling. Supreme Court Justices were given life long terms in office to carry out their service, free from the interference from the executive and legislative offices. With too much reliance on the other two branches, the judicial system would become skewed away from blind justice and turn to ruling in favor of their political affiliation in hopes of gaining re-election. In the Federalist Papers #78, Hamilton explains that the judicial branches sole purpose is to interpret the Constitution and hold all trials in regard to the Constitution to see if a law has been broken. What sets the judicial branch apart from the others is the inability to execute the laws and carry out their own decisions made in the high court. Just as it is the executives place to enforce the laws and the legislation to construct laws, it is the responsibility of the courts to determine if the Constitution has been
Constitution Guard Against Tyranny Dbq Analysis
647 Words | 3 PagesWhat I mean by that is if the executive branch didn’t like something that the judicial branch was doing they could off a change or a different solution. So to make a long story short these branches weren’t completely separate. Written in Federalist Paper #51 it states that “The three branches should not be so far separated as to have no constitutional control over each other.” (Doc C) I also think that when Madison said that “The different governments will each control each other, but at the same time they each will also control themselves.”
Summary Of Marbury Vs Monroe Case
940 Words | 4 PagesThis case established judicial review in the U.S. Supreme Court. Judicial review allows federal judiciary to review laws that have been passed by Congress and the president. This also gives the federal judiciary the power to overturn laws that violate the Constitution. In the last days of his presidency, John Adams, had nominated forty-two
Summary Of Federalist No. 78
482 Words | 2 PagesIn the essay Federalist No. 78 which was published June 14, 1788, Alexander Hamilton expressed his concerns towards the U.S Constitution. He begins the paper with “To the People of the State of New York” where he is addressing the proposed government with his proposition. Hamilton clarifies to the people that the Supreme Court should have the authority and regulation to declare acts to Congress. The Federalist No. 78 is written to develop a clear idea of the judiciary under the Constitution. Which simply refers to federal judges and appointing them, regulation and power, the court alone, and lastly jurisdiction.
What Were The Pros And Cons Of Being A Federalists
679 Words | 3 PagesHad I been a delegate to the state convention, and I had to choose whether to ratify the Constitution or not, I would have chosen to support the ratification of the United States Constitution. Therefore, I would be a federalist at the time. Being a federalist, I would believe that America was in need of a strong central government, with less power to the individual states. Additionally, I would discourage local power and the states controlling the economy, as opposed to the nation handling it. One of a federalist’s beliefs includes a balance of the branches of government’s power, which is known as the checks and balances principle.
Alexander Hamilton Pros And Cons
1381 Words | 6 Pages¨A national debt if not excessive, will be to us a national blessing” a quote from Hamilton, the first secretary of the nation's treasury. Alexander Hamilton is an influential figure in history y taking one of the most important stands in American history. (Hamilton). There can be many different ways someone can take stand: a stand for their country, a stand for themselves, a stand for others, a stand for freedom. They all have one thing in common, they all stand for change.
Federalist Paper Checks And Balances
885 Words | 4 PagesThe Federalist Papers, written by James Madison, Alexander Hamilton, and John Jay, served as one of the most important political documents in United States history. The founders carefully crafted this collection of essays to come up with a government that is truly unique and unlike any other. Some of the most memorable essays are 10, 51, and 78, which were a composition of ideas on honesty, reasoning in leadership and power, and balancing a political system. The United States government falls under the category of constitutional federal republic. Firstly, it is constitutional because we accept the Constitution as our most supreme set of laws that we must abide by.
Summary Of The Federalist 78
780 Words | 4 PagesThe federalist 78 is the one of six-paper written by Alexander Hamilton, it was focused on the role of the judiciary in the newly established government as established in the U.S. Constitution. The paper emphasized on two significations concepts which is the independence of the judiciary and the supremacy of the judiciary to protect the right of the citizens. To beginning with the first principal, the independent of the judiciary from the other two government agencies. Hamilton believes that the judiciary must be strong enough to overthrow unconstitutional legislation passed by the legislature and the executive.
How Does Hamilton Say That The Judicial Is The Weakest Branch Of Government
243 Words | 1 PagesI disagree with Alexander Hamilton 's statement that the "Judiciary is the weakest branch of government” today. It might be the case because the judiciary branch is hardly in the media. Both the president and congress always making noise. They are always on the news, the president is trying to do something and complaining that congress is holding him back, for example “Obama Care”, and congress is all talk and no action especially, for issues that matter to the normal people for example, healthcare and taxes issues. On the other hand, judiciary branch is quite and hardly in the news and that’s what Hamilton probably meant by the “weakest branch” (The Judiciary, 2017).
Judicial Branch Essay
631 Words | 3 PagesWhen the constitution was created the framers made the judicial branch in order to help keep the laws in place. The judicial branch was created to interpret the constitution and inforce the laws amongst the people. When the framers created the judicial branch they never knew what impact it would have on the country it does today. “While they understood and prioritized the value of an independent judiciary in a common law system, they could not have predicted the critical role the courts would play in the interpretation of the Constitution, our understanding of the law, the development of public policy, and the preservation and expansion of individual rights and liberties over time” (515). The judicial system is a good split of power between
Originalism Vs Living Constitution Theory
361 Words | 2 PagesThe judiciary has become more and more involved in policy making in recent years, and many citizens and politicians ask how far should judges go interpreting a law. Should they really have the power to impose laws that go against the representatives, that have been elected by the people? Those are the questions that get asked frequently and the constitution is silent on the subject. The two main theories preval are the originalism and living constitution theories. To sum it up, the originalism theory states ¨the constitution should be interpreted in a way that it would have been interpreted when it was written¨, whereas living constitution theory states that ¨the framers made the constitution flexible for interpretation¨. Both theories have a solid foundation for their belief, with one stating that laws the judiciary makes, drifts too far away from what the framers wanted, and the other theory states that as times change so should the laws.
Federalist Papers Number 78 Written By Alexander Hamilton
502 Words | 3 PagesFederalist Papers number 78 is written by Alexander Hamilton. It was also published under pseudonym Publius, which is just like other Federalist Papers. In this paper, Hamilton talked about the judiciary branch of the government. Among the three branches, judiciary is the weakest, not with the other two analogies. This department only has the power to judge what the Executive branch carry out.
The Pros And Cons Of Alexander Hamilton
909 Words | 4 PagesBold, reasonable, and helpful are just a few words that represents Alexander Hamilton was a hero. America in 1755 was sinking into a pit of unrecognizable debt. Hamilton was a politician with big dreams and many supporters. The country was unstable due to many actions, one being the separation between the North and the South; dividing them into dangerous political parties. Many feared that although they had just finished a war that the country was falling into yet another one, but this time against themselves.
Why The Judicial Branch Is The Most Powerful
478 Words | 2 PagesThe Chief Justice of the Supreme Court at the time was Chief Justice John Marshall, and he declared that this whole process of delivering commissions for judges, the Judiciary Act, was unconstitutional. The Supreme Court declared this act illegal, because it gave the Supreme Court a power that they were forbidden to have. This is when the first law was declared unconstitutional and judicial review came into
History Of Judicial Review
1462 Words | 6 PagesConstitution adopted in l789. The United States would have a vastly different political system if the courts did not possess the power of judicial review. Without judicial oversight of government actions, the legislative branch would be legally supreme, and the fundamental protections included in the constitution, such as freedom of speech would be ineffective. The inclusion of fundamental rights in the Constitution, combined with the power of judicial review, serves to protect the minority from laws created by a slim majority because a supermajority (two-third of each house of congress plus ratification by three-fourth of the States) is required to modify the
Preamble Definition
1813 Words | 8 PagesThis means that the judicial branch is the only branch that can judge whether or not an act is considered treason. This means that the judicial provides for the common defense by making sure that no enemy can infiltrate
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