Alexander Hamilton: The Ratification Of The Supreme Court

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From 1787-1788 there was a group of essays published, urging ratification for the US Constitution. Written by Alexander Hamilton, John Jay, and James Madison, these collection of 85 writings were called the Federalist Papers. These papers would help to lead passage to the ratification of the US Constitution. Article III of the US Constitution established the Federal Judiciary and there should be one court that reigns all which is the Supreme Court. However, in Federalist 78, Alexander Hamilton argues that the Judiciary is the least of the three branches of government and would not be needed to be taken seriously. I would have to disagree with Mr. Hamilton because the Judiciary, specifically the Supreme Court, is a powerful branch of the …show more content…

First, he would be shocked and appalled to see the Court transform itself as a powerhouse and effective branch of the government and the number of federal courts in total. He would be grateful to see only a few judges were removed due to not having good behavior but would be disgusted to see how politically biased the court is. Seeing the court vote on party lines and taking either a judicial restraint or activism approach would turn him off. Perhaps most unsettling is the use of money being spent in politics and thanks to Citizens United v Federal Election Commision 2010 decision, which allows unlimited amounts of money to be spent in a political race. Seeing the nation turn into a polarized, financially obsessed nation instead of what him and the other framers wanted would send them back into the grave. (Not including the advancement of women and minorities). However, Hamilton would acknowledge that the times are changing and therefore the Constitution and law needs to be applicable to the ever times. Why should a justice focus on being as original to the Constitution as if it is 1789 and transportation is still by horse and technology not being advanced