In Federalist no.78 Alexander Hamilton merely talks about the Judicial branch and how there should be changes to it for the betterment of the system. Hamilton claims that the judicial branch is the least dangerous to political rights out of three government branches. He explains that the legislative branch makes laws to regulate citizens and the executive branch enforces the laws and on the other hand the judicial branch explains the laws to the citizens under the constitution. Therefore, he believes the judicial branch doesn’t have as much power to influence the citizens since they don’t use physical force to enforce. The possible effects on the judicial branch being the least dangerous government branch are, that it can never be fully successful and the branch would need to able to guard itself from the executive and legislative branch. Also, the liberty of …show more content…
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. Only then will the judges be able to protect the constitution and the rights and privileges of the citizens, along with changing the minds of the framers who thought the judicial branch was weak. Hamilton emphasized that it was necessary for the judicial branch to take advantage of its power of checks and balances and make itself independent, however, still continue to work hand in hand with the
In the 1790s, before their presidencies, the views of Jefferson and Madison differed from those of Hamilton. Hamilton, a Federalist, supported a strong central government that could enforce the law and uphold the Constitution. (Doc B) Before
There was discussion of judicial review in Federalist No. 78, written by Alexander Hamilton, which explained that the federal courts would have the power of judicial review. Hamilton stated that under the Constitution, the federal judiciary would have the power to declare laws unconstitutional. He also stated that this was appropriate because it would protect the people against abuse of power by Congress.
What 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.”
Which means not one branch of government cannot have more power than another. “The constant aim is to divide and arrange several offices in such manner as that they may be a check on the other”. The quote is saying the constitution main aim is to keep the power separated within the branches but also so the can keep each other on check. The legislative branch can override a presidential veto. The executive branch can select judges.
Hamilton and the Federalists believed in having a central government that was fairly strong, and he did not consider the American people to be completely capable of ruling themselves. He also disapproved of state governments
The Judicial Branch is the judge of any laws that the President or Congress passes, they decide if the law goes along with the Constitution. Without this system our government would fall into a complete disaster and most likely become a dictatorship. Given these points, it is obvious that the power in our government needs to be
The argument/famous Supreme Court case Madison vs. Marbury asked us the question should the Judicial Branch be able to declare laws unconstitutional. I think the Judicial Branch should be able to declare a law unconstitutional. I believe this because the judicial branch is very small, they have no other checks on any other branch, and they don’t receive any money. The Judicial Branch is so small.
Although the braches were established in 1787, there has been a lot of changes (amendments) that were necessary throughout the past few centuries. The branch to be discussed will be the Judicial Branch in regards to a strength and a weakness within the branch. One major strength of the Judiciary branch of our government is the process in which the Justice are appointed. Unlike the presidency where the Electoral College decide who the next president will be, there are certain procedures emplaced in order to determine who the Justices will be. The determination of how many Justices are allowed has been laid out for us.
Ultimately, the judicial branch has to go back to what the founding fathers intended for the court’s purpose and to use the power accordingly. To maintain the strength of the branch, the courts must think about what is constitutionally right. Their decisions should reflect the amendments as well. “Judicial power plays an important role in the rule of law, even while it comes frequently into tension with norms of democratic rule” (Friedman & Delaney, 2011, p. 57, para. 1). This is the only way that citizens will feel like their rights are truly protected.
The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments is an essay written by James Madison, published on February 6, 1788 as the 51th essay of the Federalist Papers. The Federalist No. 51 is considered one of the most important and relevant essays of the Federalist Papers. According to Madison, the purpose of the essay is to inform the audience about the importance of government structure with regard to making liberty possible. Madison considered each branch of the government should be independent from each other, but at the same time have some sort of power to keep the others from abusing their function. According to Madison, no branch should be allowed to appoint the other branches’
The branches of Government When the constitution was written it was written so that no one person could have all the power of the government. The constitution wanted to make sure that all people could have the benefits of the federal government but still live with separate state laws. Because no man is immune from enticements of evil, none can be trusted and invested with limitless power. (Lapeer, RUsseell W. issue 6 p. 2).
2- The constitution of the judiciary department might be inexpedient to insist rigorously on the principal. The system of checks and balances is one of the big ones. This gives all 3 branches of government about the same power but over certain things. They are all ruled over
In 1787 and 1788, the Federalist Papers were written and published in various newspapers in the state of New York intended to encourage Yorkers to vote in ratifying the proposed Constitution. The famous papers consist of eighty-five essays authored by Alexander Hamilton, James Madison, and John Jay. In Federalist Paper No. 17, Alexander Hamilton explicitly addresses the fear that the proposed Constitution would lead to oppression at the hands of an “autocratic” national government. Hamilton argues that even if the national government were to try and seize the power of the states, it would not be simple to do. The main reason Hamilton gives that the States rights would be reserved is because these government have a greater influence over
Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.