From 1787-1788 there was a group of essays published, urging ratification for the US Constitution. Written by Alexander Hamilton, John Jay, and James Madison, these collection of 85 writings were called the Federalist Papers. These papers would help to lead passage to the ratification of the US Constitution. Article III of the US Constitution established the Federal Judiciary and there should be one court that reigns all which is the Supreme Court. However, in Federalist 78, Alexander Hamilton argues that the Judiciary is the least of the three branches of government and would not be needed to be taken seriously. I would have to disagree with Mr. Hamilton because the Judiciary, specifically the Supreme Court, is a powerful branch of the …show more content…
First, he would be shocked and appalled to see the Court transform itself as a powerhouse and effective branch of the government and the number of federal courts in total. He would be grateful to see only a few judges were removed due to not having good behavior but would be disgusted to see how politically biased the court is. Seeing the court vote on party lines and taking either a judicial restraint or activism approach would turn him off. Perhaps most unsettling is the use of money being spent in politics and thanks to Citizens United v Federal Election Commision 2010 decision, which allows unlimited amounts of money to be spent in a political race. Seeing the nation turn into a polarized, financially obsessed nation instead of what him and the other framers wanted would send them back into the grave. (Not including the advancement of women and minorities). However, Hamilton would acknowledge that the times are changing and therefore the Constitution and law needs to be applicable to the ever times. Why should a justice focus on being as original to the Constitution as if it is 1789 and transportation is still by horse and technology not being advanced
In the essay Federal No. 78 deals with the proposed structure of federal courts, their powers and jurisdiction, the method of appointing judges, and related matters. Alexander Hamilton begins in explaining his views on the independence on judge and evaluates the doctrine of the judicial review. Resulting in the Court believing that the Supreme Court violated part of the Constitution, Alexander Hamilton then evaluates the question of whether the Supreme Court should be able to declare acts of Congress null and void. Hamilton focuses on his three main points of the judicial department. First: the mode of appointing judges.
Hamilton decided to leave his post beside Washington and study law. He established a practice in New York City, the majority of Hamilton 's first clients were the widely unpopular British Loyalists. In 1784, Hamilton took on the Rutgers v. Waddington case, which involved the rights of Loyalists. It was a landmark case for the American justice system, as it led to the creation of the judicial review system. In defending the Loyalists, Hamilton instituted new principles of due process.
SCOTUS is a far cry from Alexander Hamilton’s claim in The Federalist #78 that the judiciary “will always be the least dangerous to the political rights of the Constitution; because, the judiciary lacked the powers of the purse and of the sword, it had neither force nor will, but merely judgment.
In Federalist No. 78, Alexander Hamilton lays out his vision for the Supreme Court of the United States. In this essay, Hamilton explains that the court should function as a “bulwark against majoritarian excesses,” (O’Brien 181) to protect the rights of the minority, from the tyranny of the majority. Hamilton makes the assurance that the court will use separation of powers as a “check” on Congress in order to protect against popular will (O’Brien 22). To accomplish this, the court had to function as an independent body to “safeguard” against “occasional ill humors in the society,” (O’Brien 349) in the event that popular will was harmful to the minority. Conversely, in his opinion for the Marbury v. Madison case, Chief Justice John Marshall
Hamilton Also believed that the government needed to be “divided into 3 branches,the executive branch, the legislative branch, and the judicial branch”. This would provide balance
Hamilton/Jefferson Debate Project Part II Jefferson and Hamilton, they’re both great men of honor. It is, however, debatable that Hamilton is a more reasonable man than Jefferson. Hamilton had a better policy of regarding the role of the government. He had a more structured ideal for the nation than Jefferson. Hamilton thought more for the future, while Jefferson only thought of the common interests of the people.
This argument shows Jefferson’s complaint of Hamilton’s policies on a larger scale. He believed that the federal government had no jurisdiction in creating a federal bank, as it was not specified in the Constitution. The precedent Hamilton would set through the federal bank would allow the federal government to pass whatever they deemed “convenient” not only what was “necessary,” the word specifically used in the elastic clause. Jefferson argued that giving the federal government widespread lawmaking power would create a slippery slope of power abuse, leading to oppression. Hamilton countered that the end goal of the policy had to be outlined in the Constitution, but means to achieve this end, if not forbidden in the Constitution,
78, Hamilton also suggested that the judiciary must be an independent branch, not dependent on the legislative and executive branch of government. He believed if the judicial branch were to be independent then it would function more effectively. Since the legislative and executive branch have more control and power than the judicial branch, the judicial branch is regularly influenced by the other two branches. Judiciary always seems to rely on one of the two branches, mostly the executive branch, to make a fair ruling. Alexander Hamilton wanted the courts to look as influential and powerful as the other two branches and for that to take place he argued for the independence of judges.
Hamilton, representing the “republicans”, and Jefferson representing the “Democrats”, each had plans of action that would only benefit them, but also benefits the people they represent. One of these ideas of government is their thoughts on how to govern state and federal powers. The Constitution gives rights to the people that need to be interpreted so civilians of the U.S. don’t follow them incorrectly. One of these issues that needed interpretation was the delegation of powers between the states and the federal governments. Hamilton felt that a strong central federal government was necessary, due to his past work as treasurer.
Kaylin Konobeck The Federalist, also known as The Federalist Papers, are a series of eighty-five documents written by John Jay, James Madison, and Alexander Hamilton. These documents were written and displayed in various newspapers in an effort to get voters to formally accept the United States Constitution. The Federalist was eventually published in a book in 1788. The purpose of the ratification of the United States Constitution was to ultimately replace the failed Articles of Confederation. There was a large amount of controversy surrounding the documents and the principles that the constitution held.
Hamilton also had a vision for America to be a highly commercial and industrial nation, and one without slavery. However, Jefferson had a vision of a nation focused on farming and nature. He and many others again argued that this would make the government too powerful. I don’t think that Hamilton’s proposals would make the government too powerful. I agree with Hamilton’s way of viewing the Constitution.
The Federalist Papers consisted of eighty-five letters written to different newspapers in the last 1780’s, urging ratification of the United States Constitution. The Constitution needed approval from nine out of the thirteen original states. I agree with the Federalists concerning the issue of whether or not the Constitution should have been ratified as written. I have this viewpoint for many reasons. One is because I agree with the points Madison stated in the 10th Federalist paper where he discusses the fact that the Constitution makes the government capable of controlling damage and violence caused by factions, or political parties.
In 1787, a final draft of the Constitution was submitted to the states for ratification. Those who were in favor of the ratification were called Federalist or nationalist. Among these federalists, were James Madison of Virginia, John Jay of New York and Alexander Hamilton. They had a concrete proposal. They wrote a collection of 85 essays defending the principle of a strong national government.
Since they were all for the new constitution, they wanted to go ahead and make it. But the Anti-federalists didn’t want this. They were hesitant on this new government. So, that is why the Federalist papers were created. These were a series of 85 essays that tried to convince Anti-Federalists to ratify the Constitution.
One of the most significant arguments in Federalist Paper 78 is all the judges were appointed by the president and they are life tenure if they have good behavior. “All judges who may be appointed by the United States are to hold their offices DURING GOOD BEHAVIOR; which is conformable to the most approved of the State constitutions and among the rest, to that of this State.” (Hamilton, Page 2) Hamilton believed that it is a great barrier for assuring independence of judicial branch and protection of individual rights.