ipl-logo

How Does The Executive Branch Affect The Judicial Branch

562 Words3 Pages

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

Open Document