In 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. The issues Alexander Hamilton hits are major because he feels as though the judiciary branch is very weak and just lacks accountability that it shall be withholding. Hamilton describes the judiciary branch has the weakest amongst the 3 branches of government. He addresses issues that were presented directly to the …show more content…
Hamilton refers to the executive branch being the “…sword of the community” and the legislative “…commands the purse”. I agree with his argument where he feels as though the judiciary needed more independence compared to the other branches. Hamilton expresses that “…duty it must be to declare all acts contrary to manifest tenor of the Constitution void” where the branch should be strong enough to turn down laws passed by the Congress. Also, the act of “permanency in office”, which happens in today’s society. Alexander Hamilton says, “…all judges who may be appointed by the U.S are to hold their offices DURING GOOD BEHAVIOR” so the tenure of federal judges would be somewhat protected referring to judges withholding their place instead of being temporary. Hamilton also states “permanency in office” and I feel that Hamilton’s call to action pertaining to the U.S Constitution protecting not only the other branches but the judiciary just as much. (168
In 1787, the Founding Fathers wrote the Constitution to establish a new, stronger government for the United States. During George Washington’s presidency in the 1790s, Alexander Hamilton and Thomas Jefferson argued over the role of the government as dictated by the Constitution. As a result, a two party system consisting of the Hamiltonian Federalists and the Jeffersonian Republicans emerged. To some extent, James Madison and Thomas Jefferson reflected the policies and beliefs of the Federalist Hamilton.
I Agree… “The Federalist No. 84” and “The Anti-Federalist No.84”, both have their views on what should happen to our government. Whether it is to add a bill of rights or not, but I agree with the writer of “The Federalist No.84” because if the Constitution is adopted, then it will be our Bill of Rights, also based on other countries’ bill of rights then it may argue with a semblance of reason. Because I have read both sides of the discussion, I can see who is wrong and why.
Alexander Hamilton longs to compare the judicial to the other branches of government and, based on his findings, concludes that the judicial branch therefore is the least harmful to the rights of the Constitution. He says it has “neither Force nor Will but merely judgment”. This makes the judicial branch seem weak because with his statement, Alexander Hamilton connects the executive branch have the authority of ‘force’ being that it allows decision making within the courts. Alexander Hamilton also relates the ‘will’ to the cannot stand as activist based on the legislative branch. I agree with Hamilton on his opinion of how the judicial branch strands distinct from the others because it is in fact true to that the legislative and execute branches hold more weight in causing more danger to the rights of the Constitution than the
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.
Federalist Paper 69, written by Alexander Hamilton in 1788, addresses the topic of the presidency. Its purpose was to illustrate to the people of New York what the real character of the executive would be. The subject matter and time period of this essay allow for speculation that the people of that time were concerned that ratifying a constitution with a president at the head of government would have been willingly putting themselves beneath a tyrannical ruler, after having recently gained independence from tyrannical King George III. Throughout this essay, Hamilton adamantly stressed the fact that the president would not be likened unto the king of Great Britain, but rather unto the governor of New York. The president would be an elected
The first ideal made by Hamilton that affected the Democratic Republic government in the late 1800s was their power policies in the central government. Although the Democratic Republic’s beliefs included more power to the people rather than the government, during Jefferson’s presidency, the policy was affected by Hamilton’s policy, including the necessary and proper clause. For example, during the Louisiana Purchase, Jefferson used Hamilton's elastic clause to expand the land and resources for trade. This was technically unconstitutional, as he didn’t go through congress first, but he used the clause created by Hamilton and his ideals for the betterment of his country. This is ironic though, because he later opposed Hamilton’s national bank in 1791, because of the unconstitutionality (Doc 1).
Hamilton responded to this concern in the essays by saying the unity of the states were at risk of falling apart without a national government to hold everything together, and that by implementing a judicial branch and the Presidential veto, there was a series of checks and balances that would prevent the Congress from becoming too powerful. In addition, the members of the House of Representatives were elected by the people, which would prevent them from acting against the people’s best interests. By taking each section of the document separately the three writers were able to discuss benefits of the Constitution, like improving the economy, supporting a Navy and defense, and just generally what specific powers, and limits on powers, were given to the various branches of the newly proposed government. Hamilton also pointed out that if this new form of government turned out to have hiccups, it was not set in stone, and amendments could be proposed to modify and improve the
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.
Primary source reading 7.4 is an excerpt from “Federalist NO. 51” which was written in 1788 by James Madison. This excerpt is actually an essay written by Madison and published in the New York Packet that explains how the federal government will not become too powerful as the people think, and trying to convince people to get the constitution ratified. Primary source reading 7.5 is an excerpt from “Observations on the New Constitution and the Federal and State Conventions by a Columbian Patriot” written by Mercy Otis Warren in 1788. This excerpt is actually a pamphlet that was published as well. In this pamphlet, Warren criticizes the Constitution for thinking the federal government will get too much power and tries to get the people to reject
Jonah Brenner Federalist Paper 33 Alexander Hamilton begins Federalist Paper 33 by stating the following clauses: The Constitution authorizes the national legislature “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.” Also “the Constitution and the laws of the United States which shall be made in pursuance thereof and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and anything in the constitution or laws of any State to the contrary notwithstanding.” These two clauses have been subject to intense accusations against the
Hamilton interpreted it loosely while Jefferson was strict. This led to an argument about whether the creation of a national bank was constitutional; Hamilton stated it was while Jefferson claimed it wasn’t. Another issue that they clashed
The Federalist No. 10” is a persuasive argument written by James Madison in an attempt to ratify the Constitution. He wrote a series of documents called the Federalist Papers under a pseudonym to convince others to approve of the Constitution. He says that factions are not good for America, neither is a pure democracy. Madison provides extensive arguments and remedies for the problems he is addressing. James Madison is attempting to ratify the Constitution by analyzing the way to deal with factions, comparing a republic to a democracy, and by comparing a small government to a large government.
The Federalist Papers were, and still are, very important to American History. These series of essays, mostly written by James Madison, Alexander Hamilton and John Jay, were published to persuade Americans to ratify the new constitution. The new constitution would replace the Articles of Confederation, what the American’s had been living under at the time. The constitution highlighted an issue that the articles did not; empowering the central government like never before. Allowing the central government to act in the interest of the United States.
The Federalist Papers No. 51 were written by either James Madison or Alexander Hamilton to address the various concerns the residents of New York had with the newly formed government provided to them and the other colonies via the Constitution, more specifically the purpose of the new structure of government, the separation into different branches of the government and each branch’s reliance on the people, and the system of checks and balances and duties placed on each branch among other things. The Federalist Papers No. 51 also explained the necessity of the government outlined in the Constitution and why the founding fathers found it best to arrange the new government the way they did. One of the main ideas addressed in the Federalist
There are three federal branches in the U.S.; the legislative, executive, and judiciary. The judiciary branch has the “power” to evaluate law. It is able to take down a law or an executive branch to be declared as unconstitutional. However, declaring a law unconstitutional is not that easy for the courts. In Federalist NO. 78, written by Alexander Hamilton, the judiciary branch is said to be the weakest due to all of the ways the legislative and executive branch can enforce their power upon them.