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Alexander Hamilton Pros And Cons

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Alexander Hamilton wrote the Federalist Papers which was a persuasive document appealing to the formation of a strong national government. In Federalist #78, Hamilton described his plan for a judicial system set up by the Federal Government that would interpret laws and hold them to the standard of the Constitution. In his essay, he remarked the judicial branch as the weakest of the branches. His reasoning behind this claim was that the judiciary posed the least threatening to individuals rights found in the Constitution. The judges themselves only held the power to interpret laws and strike them down during the legislative process. With the judiciary being the weakest branch, they could never infringe on individuals rights and liberties. The legislative and executive branches could pass laws or over …show more content…

What this entails is that the judicial branch should be exempt from partisan voting and elections and remain unbiased in their ruling. Supreme Court Justices were given life long terms in office to carry out their service, free from the interference from the executive and legislative offices. With too much reliance on the other two branches, the judicial system would become skewed away from blind justice and turn to ruling in favor of their political affiliation in hopes of gaining re-election. In the Federalist Papers #78, Hamilton explains that the judicial branches sole purpose is to interpret the Constitution and hold all trials in regard to the Constitution to see if a law has been broken. What sets the judicial branch apart from the others is the inability to execute the laws and carry out their own decisions made in the high court. Just as it is the executives place to enforce the laws and the legislation to construct laws, it is the responsibility of the courts to determine if the Constitution has been

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63 Words | 1 Pages

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.

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647 Words | 3 Pages

What I mean by that is if the executive branch didn’t like something that the judicial branch was doing they could off a change or a different solution. So to make a long story short these branches weren’t completely separate. Written in Federalist Paper #51 it states that “The three branches should not be so far separated as to have no constitutional control over each other.” (Doc C) I also think that when Madison said that “The different governments will each control each other, but at the same time they each will also control themselves.”

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774 Words | 4 Pages

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

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524 Words | 3 Pages

However, there is a lot of truth within the articles. Essay 80 of the Federalist Paper introduces five principles of federal judiciary authority. This essay was written by Alexander Hamilton. The essay demonstrates the use of the constitution to it. This essay describes the different federal court cases on whether to have jurisdiction over.

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804 Words | 4 Pages

The Federalist Papers, written by Alexander Hamilton, John Jay, and James Madison to persuade the people to accept this document that gave the government more power. These papers summarized the need for a stronger central government. While there were others who supported this idea, there were others who feared a stronger central government. These men wrote the Anti-Federalist Papers, documents that were the complete opposite of Federalist views that called for less government than that of the states. A big issue was a decision of whether to use a judiciary system, or

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483 Words | 2 Pages

The new United States had acquire roughly seventy-seven millions in war debt after american revolution. In effort of trying to develop a new government system, many had concern of giving too much power to the government that may result in tyrant as the king in England. Alexander Hamilton, a bright young man who later became George Washington’s secretary of treasury had a plan. He was the most important guy within the first ten year of the American revolution. Hamilton and James Madison have strong believe in establishing more power to the government is necessary for the new United states.

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800 Words | 4 Pages

In addition, James Madison stated the idea of Checks and Balances and what it will do to the government, “...the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other... The three branches should not be so far separated as to have no constitutional control over each other.” This statement means that each branch should have a different power, so they wouldn’t have any constitutional control over each other. That makes each branch check on the other branches to make sure they are doing everything correctly. One way that the Judicial Branch can check on the Legislative Branch is that when Congress creates laws, the Court can declare laws unconstitutional because some laws might not be a good idea for the people of the country, so the Judicial has the power to take away the possible law.

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143 Words | 1 Pages

I disagree with Alexander Hamilton’s statement that the "Judiciary is the weakest branch of government. " The United States government is divided among three branches: the executive, the legislative, and the judicial. The executive and legislative branches are selected by the people, but the members of the Judicial Branch are chosen by the President. Which already shows how important the judicial branch is. The judicial branch is essential because it supplements the other two branches.

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1426 Words | 6 Pages

Overall Hamilton had the best view on how the courts would slowly evolve. The Federalists and Anti-Federalists both argued on the topic of executive powers. They argued this topic in Federalist 67 and Cato V. The Federalists believed that the change was straying away from a monarchy. The Anti-Federalists thought that this kind of rule would lead to oppression and corruption.

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940 Words | 4 Pages

This case established judicial review in the U.S. Supreme Court. Judicial review allows federal judiciary to review laws that have been passed by Congress and the president. This also gives the federal judiciary the power to overturn laws that violate the Constitution. In the last days of his presidency, John Adams, had nominated forty-two

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1028 Words | 5 Pages

There are no power in the system provided to correct their construction, means that if the legislature passed any laws, they have the final authority of saying it is unconstitutional. In addition to, the judges have no laws by saying them doing the wrong thing of taking citizen’s rights. In my viewpoint, the federalist paper support this argument. For example,“ The judiciary...may truly be said to have neither FORCE nor WILL, but merely judgement” The legislative controls the command of the purse, and executive holds the sword of the community. Every Branch of the government should have equal responsibility of ensuring bill that passed into laws that are constitutional.

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557 Words | 3 Pages

The Judicial Branch is the judge of any laws that the President or Congress passes, they decide if the law goes along with the Constitution. Without this system our government would fall into a complete disaster and most likely become a dictatorship. Given these points, it is obvious that the power in our government needs to be

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467 Words | 2 Pages

The argument/famous Supreme Court case Madison vs. Marbury asked us the question should the Judicial Branch be able to declare laws unconstitutional. I think the Judicial Branch should be able to declare a law unconstitutional. I believe this because the judicial branch is very small, they have no other checks on any other branch, and they don’t receive any money. The Judicial Branch is so small.

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648 Words | 3 Pages

The system of checks and balances is meant to even power within the Federal Government, but within we know it has its flaws. The judiciary has the least power of them all it is meant to evaluate laws that have been challenged. Executive carries out laws whereas the legislative makes laws. The formation of interest groups and the actions taken by the public greatly impact the power of the judiciary branch as well. Alexander Hamilton 's Federalist NO. 78 paper describes the correct reasoning of as to why the judicial branch has the least power of all

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1149 Words | 5 Pages

Lastly, the Judicial branch was given the power of Judicial Review under the Constitution. This gave the branch the power to rule the actions of the Legislative and Executive branches as unjust and unconstitutional. This helped to prevent one branch from abusing the power that they had. If any actions were deemed as unconstitutional, it would stop immediately and be revised until it was seen as constitutional and acceptable by the Judicial

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