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The US Judicial System
(Text -C39: Question no. 1)Hamilton states "It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power" was Hamilton right?
For hundreds of years the forefathers of the United States of America had been undertaking the task of creating and constantly amending a constitution that all men shall abide by. Alexander Hamilton, along with other contributors of the constitution, created essays which are better known as the federalist papers. These documents were created as a form of mutual interpretation and moral assurance between the government and its citizens with one major objective, to gain and retain the trust of the citizens. In Federalist 78, written by Alexander Hamilton, the neccesity of the existence of a judiciary department, that was to be the instituion that would ultimately protect individual liberties from government, was thoroughly explained. Hamilton layed out a blue print of what he describes as a swordless department that is based on verbal instruction lacking any means of muscle or great authority. Hamiltons assertion of the judical branch has been proven false, the judicial branch has broken its shackles of limited judgement and has brought fourth critical changes socially and politically.
The judiciary department's main function is the interpretation of law and the judging of laws given a present context and conditions. This department differs greatly from the executive and legislative branches, due to a lack of muscle that the executive branch controls and the use of money being restrained by the legislative branch, the judicial branch seems fairly un-forceful. However what may appear as a department lacking "force or will", beneath the surface the potential and the ability to judge and interpret law can not be under estimated. Hamilton in the federalist 78 document lays out the function and internal processes of the judicial branch in such a way that it appears as though all the branch can do is judge. Despite Hamilton's view of the judicial system, in recent times the courts have decided who shall be the next president and has has shown to posses the powers of the legislative branch. Hamilton said "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 a fundamental law.
The responsibilities would include managing debt, creating national monetary and fiscal policies, as well as managing the national tensions that lead to crisis. Men like Alexander Hamilton, George Washington and John Adams, were in favor of the Constitution, supported the Bill of Rights and subsequently, a larger more powerful federal government. In their views for support of a federal government they proposed the Constitution and later added the first ten amendments that make up the Bill of Rights (Lecture). While framing the Constitution issues taken into consideration were states boundaries, representation quotas and veto rights (Countryman 172). Two main plans were proposed to solve the plethora of issues facing the country – one by James Madison and one by Patterson. The fundamental differences was where the federal government derived their power. Patterson advocated for the federal to obtain their power from the states rather than the people, whereas Madison advocated for the power of the centralized government owing its power directly to the people (Countryman 178). After years back and forth conversations, a three tiered system was created that would ensure the integrity of the system by separation and complete independence from each other, thus listing specified duties and power allotted to the Legislative, Executive and Judiciary powers of the United States
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.
Supporters of the Constitution called themselves Federalists, a name referring to a balance of power between the states and the national government. They argued for a federal system as in the Constitution. James Madison claimed that the Constitution was less dangerous that it looked because the separation of powers protected people from tyrannical abuse. The Federalists compile a group of essays, known as The Federalist Papers. In No. 51, Madison insisted that the division of powers and they system of checks an balances would protect Americans from the tyranny of centralized authority. He wrote that opposite motives among government office holders were good, and was one of the advantages of a big government with different demographics. In No. 10, he said that there was no need to fear factions, for not enough power would be given to the faction forming people; thus, they wouldn't become tyrannical. Hamilton, in No. 84, defended the Constitution with the case that the Constitution can be amended by representatives, who are there to represent the citizens' interests.
September 17, 1787, Philadelphia, Pennsylvania; during the heat of summer, in a stuffy assembly room of Independence Hall, a group of delegates gathered. After four months of closed-door quorums, a four page, hand written document was signed by thirty-nine attendees of the Constitutional Convention. This document, has come to be considered, by many, the framework to the greatest form of government every known; the Constitution of the United States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a president, who would act in the capacity of Commander in Chief of the Country’s military forces. The President of the United States also acts as head of state to foreign nations and may establish treaties and foreign policies. Additionally, the President and the departments within the Executive branch were established as the arm of government that is responsible for implementing and enforcing the laws written by Congress. Thirdly, under Article three of the Constitution, the Judicial branch was established, and consequently afforded the duty of interpreting the laws, determining the constitutionality of the laws, and apply it to individual cases. The separation of powers is paramount to the system of checks and balances among the three branches; however, although separate they must support the functions of the others. Because of this, the Legislative an...
While the government of the United States owes its existence to the contents and careful thought behind the Constitution, some attention must be given to the contributions of a series of essays called the Federalist Papers towards this same institution. Espousing the virtues of equal representation, these documents also promote the ideals of competent representation for the populace and were instrumental in addressing opposition to the ratification of the Constitution during the fledgling years of the United States. With further reflection, the Federalists, as these essays are called, may in turn owe their existence, in terms of their intellectual underpinnings, to the writings of the philosopher and teacher, Aristotle.
The Federalist wanted to ratify the Constitution while the Antifederalist despised the idea entirely. Alexander Hamilton, James Madison, and John Jay eventually compiled 85 essays as the Federalist Papers. These supporters of the Constitution believed that the checks and balances system (a system in which the different parts of an organization (such as a government) have powers that affect and control the other parts so that no part can become too powerful )would allow a strong central government to preserve states' rights. They felt that the Articles of Confederation was too weak and that they were in need for a change. The Articles of Confederation had “errors” that needed to be corrected argued the Federalist. Ratifying the Constitution lead to an improved more advanced country.
In 1787, the United States of America Constitution was ratified by two-thirds of the states. The Constitution created a new government in the United States of America that was constructed around the idea of separation of power by the three branches of government with a system of checks and balances. These branches include the executive branch, the bicameral legislative branch and judicial branch. In order to ensure that no branch were to overpower the other two branches, the forefathers of the United States of America created a system of checks and balances. In the new government of the United States of America, the president had a Cabinet with a Secretary of State, Secretary of the Treasury, Secretary of War, Attorney General and Postmaster General. George Washington, the first president of the United States of America, asked Thomas Jefferson to be the Secretary of State and asked Alexander Hamilton to be the Secretary of the Treasury. Because of the polarity of their political beliefs, Thomas Jefferson, a Republican who believed in strong states rights, and Alexander Hamilton, a Federalist who believed in a strong federal government, had differing opinions on all matters in the government. While Jefferson written that all men are created equal in the Declaration of Independence, Hamilton had helped created the constitution that founded a strong federal government. Thomas Jefferson and Alexander Hamilton laid the groundwork for America’s first two-party system. It is partly because of Thomas Jefferson was the Secretary of State, the Cabinet's expert on foreign affairs, and Alexander Hamilton was the Secretary of the Treasury, the Cabinet’s expert on economic affairs, and partly because they were obliged to work together and prese...
The Independent Journal published the first Federalist essay in 1787, closely following the Constitutional Convention. This was one of 85 essays that were all soon published in support of the Constitution. The essays were all published under the alias name “Publius.” All essays were compiled into a single volume titled The Federalist Papers. The Federalist Papers is considered a significant illustration of American political philosophy under the Articles of Confederation, which were adopted by the Continental Congress. The Articles set up the first legislative system that unified the thirteen states that battled in the American Revolution. A major theme that was discussed in the essays centers around the idea that the United States could not continue to endure under the Articles of Confederation and the weaknesses that accompany it. The Articles gave states the authority to create their own laws, however they were unsuccessful in creating a strong government. The essay suggested that immediate action be taken to prevent the impending anarchy that would ensue under these Articles.
As a federalist Alexander Hamilton wanted to establish a stronger federal government under a new Constitution. He met in Philadelphia with other delegates to discuss how to fix the Articles of Confederation that created a weak central government. During the meeting, Hamilton expressed his view that a dependable current source of revenue would be crucial to develop a more powerful and resilient central government. Although Hamilton played a diminutive part in the writing of the Constitution itself, he did heavily influence its ratification. In cooperation with James Madison and John Jay, Hamilton wrote fifty one of eighty five essays under the joint title The Federalist “The Federalist Paper.” In the essays, he cunningly explained and defended the newly drafted Constitution prior to its approval. In 1788, at the New York Ratification Convention, two thirds of delegates opposed the Constitution, however Hamilton was a powerful advocate for ratification, effectively arguing against the anti Federalist persuasion. His efforts succeeded when New York agreed to ratify, which led the remaining eight states to follow. He had a proposal for the new government that was modeled on the British system, which Hamilton considered the best.
Federalist Papers No. 78 was an essay written by Alexander Hamilton. Like all of the Federalist Papers, it was published under the pseudonym Publius. Federalist No. 78 examines primarily the term of office for judges but in making the case for lifetime appointments it details the responsibilities of the federal courts. In fact, the department of justice as one of the weakest in the separation of the three powers, not with the other two analogies. It has no power, and no property rights and wealth of the society, cannot take any active action. The Justice Department is absolutely cannot be successfully against the other two departments. Therefore should be the requirement is that it can to protect themselves against violations of the other two aspects. It concentrates on the judge and court to defend the
During the construction of the new Constitution, many of the most prominent and experienced political members of America’s society provided a framework on the future of the new country; they had in mind, because of the failures of the Articles of Confederation, a new kind of government where the national or Federal government would be the sovereign power, not the states. Because of the increased power of the national government over the individual states, many Americans feared it would hinder their ability to exercise their individual freedoms. Assuring the people, both Alexander Hamilton and James Madison insisted the new government under the constitution was “an expression of freedom, not its enemy,” declaring “the Constitution made political tyranny almost impossible.” (Foner, pg. 227) The checks and balances introduced under the new and more powerful national government would not allow the tyranny caused by a king under the Parliament system in Britain. They insisted that in order achieve a greater amount of freedom, a national government was needed to avoid the civil unrest during the system under the Articles of Confederation. Claiming that the new national government would be a “perfect balance between liberty and power,” it would avoid the disruption that liberty [civil unrest] and power [king’s abuse of power in England] caused. The “lackluster leadership” of the critics of the new constitution claimed that a large land area such as America could not work for such a diverse nation.
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.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
The present system of justice in this country is too slow and far too lenient. Too often the punishment given to criminal offenders does not fit the crime committed. It is time to stop dragging out justice and sentencing and dragging our feet in dispensing quick and just due. All punishment should be administered in public. It is time to revert back to the "court square hanging" style of justice. This justice would lessen crime because it would prove to criminals that harsh justice would be administered.