The Weakness Of Judicial Courts In Federalist 78 By Alexander Hamilton

Although a plethora of critics mention that the judicial branch is considered the weakest out of the three branches, none of the branches are truly weak. The judicial branch still plays a prevalent role in checking and balancing the other two branches. The purpose of judicial review is mainly to imply judicial supremacy in interpreting different various types of laws. In Federalist 78 by Alexander Hamilton, he decreed that judicial courts must “respect the right 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 (Woll 359).” Judicial courts must have complete independence of the courts of justice and be able to deem Congressional laws as unconstitutional. Nevertheless, Hamilton still mentioned that despite all of the power the judicial branch wields, he saw it as the least dangerous compared to the other two branches. Hamilton practically saw the judicial branch as merely an interpreter of laws with no real influence over anything that might be a threat to the country. The judicial branch receives its authority from the U.S. Constitution. The Constitution stated in Article III Section I that “The judicial power of the United States shall be vested

Madison (1803). It established that the Constitution was the supreme law of the land, and that no law may be able to contradict with the Constitution. Furthermore, it deemed the congressional law in question unconstitutional. The overall significance of the case would be that a “legislative act contrary to the Constitution is not law, all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and it is the province and duty of the judicial department to say what the law is (Woll