In The Federalist No. 78, the conception of judiciary is introduced as a system of checks and balances to protect the civil liberties of the citizens from the other branches of government. At the same time, the judiciary concept is considered to have the least amount of power of the three branches. It is stated by Hamilton in this section of the Federalist Papers, “The Judiciary has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will” (The Federalist No. 78). The judicial system serves as a barrier in preventing the other branches of power from making decisions that infringe upon their …show more content…
Additionally, with the judicial branch having the least amount of power of the three, it is best in a position to prevent the executive or legislative branches from infringing upon the rights of citizens. Hamilton stated, “Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them” (The Federalist No. 78). While the judicial branch is the least likely branch to place one 's politcal rights in danger, it is also in a position to protect those same Constitutional rights and does so by offering a system of checks and balances against the other branches of …show more content…
By giving the courts the power to overrule laws that are unconstitutional and allowing them to exercise Judicial Review, they are better equipped at protecting the civil liberties and human rights of society as a whole. Different political parties often have different interpretations of what laws should be in effect, but these laws do not always serve society as holistically as needed. In Federalist 78, Hamilton explains this by stating, “The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body” (The Federalist No. 78). While the Judicial branch of government may not be the most powerful, it is a very important component of our government that regulates the way that society functions and even how our needs are met. Without, we would be at risk of tyranny and societal destruction from government
Exceptions to these rules are often required because of a lack of knowledge of the skills and expertise need to serve in government positions. For example the branches should strive to be independent from the other two branches. With each branch seeking to follow their own agenda rather than being controlled by others as they serve their sentences. Madison then proceeds to address the significant need of constitutional safeguards to prevent the gradual concentration of power. For example “Ambition must be made to counteract ambition. The interest of man must be connected with the constitutional rights.” This provides us protection from those in the government and those who abuse their power because since we aren’t angels we will abuse power if given the chance and opportunity to. One of the greatest problems the government will face is controlling those they govern and themselves. Thus dependence on the peoples will is the government’s main source of power with other precautions. These precautions include the division of power within each branch to prevent any one branch from becoming unstoppable. However it isn’t possible to ensure that all branches receive equal power of defense. In republican governments, the legislative branch
Federalist #78, written by Alexander Hamilton, is an essay to argue for the proposed federal courts, their powers, and means of appointing judges. In the essay, Hamilton claims that the judiciary will be the “least dangerous to the political rights of the Constitution.” He says it will be the least , dangerous because the branch will be the least in abundant use. This implies that the other two branches will be used more. The executive branch not only “dispenses the honors”, but also enforce the laws over the entire country. The legislative branch holds the budget for the country and creates the laws in which the citizens must abide by. The judiciary, he says, will have no power over the executive and legislative branches. He also writes that it cannot move forward the society in wealth and in strength, and cannot resolve any active problems that the country is facing in any circumstances. According to Hamilton, the judiciary could be said to have “neither force nor will, but merely judgment,” and that it must depend on the executive branch, even to make their judgments more effectiv...
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
In Federalist no. 78 Hamilton explains the powers and duties of the judiciary department as developed in Article III of the Constitution. Article III of the Constitution is very vague on the structure of the federal courts. Hamilton had to convince Americans that the federal courts would not run amok. He presented that the federal courts would not have unlimited power but that they would play a vital role in the constitutional government. Hamilton limited judiciary power by defining it as a text-bound interpretative power. (R.B Bernstein) This essay was intended to endorse as well as interpret the Constitution.
The reasoning behind the writing of federalist paper #39 was the conformity of the plan to the republican principles. Federalist paper #39 was attempting to address to the new Constitution that the government should not be mostly national or federal, which is verified to, “be found to depart from the republican character, its advocates must abandon it as no longer defensible”. The paper is organized excellently, James Madison asks his audience what are the potential characteristics of a Republican form of government however, elaborating his question by conveying the aspects of one not simply finding that answer reading republican related books. This paper fits into the larger aspects of the Federalists papers by portraying his propositional
The third guard against tyranny was checks and balances which means that each branch can check on each other.It says in Madison's quote in Document C that the several offices were arranged so that they can be a check on the other. Document C shows that the branches are separated by congress, president, and the courts, which are the three main parts of the constitution.Checks and balances protects against tyranny by giving the branches the power to check on other branches.
"This inquiry will naturally divide itself into three branches- the objects to be provided for by a federal government, the quantity of power necessary to the accomplishment of those objects, the persons whom that power ought to operate," writes Alexander Hamilton in the Federalist #23 in reference to the separation of powers. The basic concept here is the idea of the federal government being divided into three separate branches that would balance excessive democracy through a system of checks on each other. The three branches, respectively known as the legislature (Article I), the executive (Article II), and the judiciary (Article III), were designed to entice the opponents of the Co...
The Judiciary Branch offers checks and balances to the other branches of government. To both the Legislative and Executive branches, the Judicial Branch holds the power of judicial review. The Judicial branch can also declare existing laws as unconstitutional.
James Madison was no stranger to opposition. In publishing an essay referred to today as Federalist Essay No. 10, Madison participated in a persuasive attempt to ratify the Constitution, a document he drafted and for which he is credited as its “Father”. Along with John Jay, who became the United States’ first Supreme Court Chief Justice, and Alexander Hamilton, who became the first Secretary of the Treasury, Madison articulates in his writing the necessity of the Constitution as a remedy for the extant ills of an infant nation recently freed from the grasp of distant monarchical rule. This young nation faltered under the first endeavor of organized government, the Articles of Confederation. The Articles were designed during a period of emerging
It has been said that the U.S. Constitution is deliberately inefficient because of it forces the other branches to check the powers eliminating one becoming more dominant than the other two. The three branches of government are legislative, executive, and judicial. The legislative branch enacts federal laws on a national level in Congress, which is comprised of the House of Representatives and the Senate. The executive bran...
After the establishment of the constitution, the Federalist administrations faces many significant challenges when dealing with the economics of the United States; much of the country was divided over issues such as how to raise money, establishing a public credit system, how to pay the national debt, and whether or not a national bank should be established. Leaders like Alexander Hamilton, Thomas Jefferson, and James Madison came to represent the ideas of the people and as these ideas became more solid, debate and opposition rose. The Federalists saw multiple ways to resolve these issues, and the resolutions established that leadership in the United States would be successful.
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.
One of the Judicial Branch’s many powers is the power of judicial review. Judicial review allows the Supreme Court to decide whether or not the other branches of governments’ actions are constitutional or not. This power is very important because it is usually the last hope of justice for many cases. This also allows the court to overturn lower courts’ rulings. Cases like Miranda v. Arizona gave Miranda justice for having his rules as a citizen violated. The court evalutes whether any law was broken then makes their ruling. Also, the Weeks v. United States case had to be reviewed by the court because unlawful searches and siezures were conducted by officers. One of the most famous cases involving judicial review was the Plessey v. Ferguson
The central idea depicted by the text of Federalist Number 10, written by James Madison, is that the establishment of a federal government was key to a peaceful and well-managed nation. Madison also described factions as dangerous to the nation. In order to get everyone on the same page in terms of agreeance to a constitution, Madison adopted a desire to give everyone the same ideological beliefs. He thought that this would resolve the issues of too many factions containing opposition to the ideas of Federalism. The republican form of government also played a role in the establishment of the constitution by providing citizens to vote for the leaders that they wanted to run the country instead of running it themselves (Which
One example is the Attorney General’s office was caught spying on reporters, threatening the freedom of the press. This does not necessarily mean that the judicial branch is not sufficiently separated from the executive and judicial branches, but due to the separation of powers, checks and balances can be applied in this situation. Because the judicial branch took actions that violate American citizens’ constitutional rights by threatening the freedom of the press, the executive and legislative branches have the power to prevent the judicial branch from taking such actions again. They have the power to protect the rights of the people, and to protect the abuse of power by one branch of