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The Weakness Of Judicial Courts In Federalist 78 By Alexander Hamilton

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Although a plethora of critics mention that the judicial branch is considered the weakest out of the three branches, none of the branches are truly weak. The judicial branch still plays a prevalent role in checking and balancing the other two branches. The purpose of judicial review is mainly to imply judicial supremacy in interpreting different various types of laws. In Federalist 78 by Alexander Hamilton, he decreed that judicial courts must “respect the right of the courts to pronounce legislative acts void, because contrary to the constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power (Woll 359).” Judicial courts must have complete independence of the courts of justice and be able to deem Congressional laws as unconstitutional. Nevertheless, Hamilton still mentioned that despite all of the power the judicial branch wields, he saw it as the least dangerous compared to the other two branches. Hamilton practically saw the judicial branch as merely an interpreter of laws with no real influence over anything that might be a threat to the country. The judicial branch receives its authority from the U.S. Constitution. The Constitution stated in Article III Section I that “The judicial power of the United States shall be vested …show more content…

Madison (1803). It established that the Constitution was the supreme law of the land, and that no law may be able to contradict with the Constitution. Furthermore, it deemed the congressional law in question unconstitutional. The overall significance of the case would be that a “legislative act contrary to the Constitution is not law, all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and it is the province and duty of the judicial department to say what the law is (Woll

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The Constitution is frequently thought to be the preeminent law of the United States that all laws made after it ought to maintain. Hamilton expressed that "the Constitution should be the standard of development for the laws, and that wherever there is an obvious restriction, the laws should offer place to the Constitution" (Document E). In any case, there have been times in United States history where a law has been passed that collides with the Constitution. On the off chance that the Constitution truly is the preeminent law of the United States, than any unlawful law that is passed ought to be toppled. In the event that the Supreme Court did not have the force of legal audit, than the privileges of the Constitution would gradually be taken away by new laws that contention with the Constitution.

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Madison is best known as the landmark case in which the U.S. Supreme Court established judicial review. As a result of this case, the federal judiciary was strengthened, thus empowering federal courts to declare legislation, as well as executive and administrative actions, unconstitutional. The court consisted of six men, chief justice John Marshall, justice Alfred Moore, justice William Cushing, justice Bushrod Washington, and justice Samuel Chase. Furthermore, chief justice John Marshall remarkably won the war at the end of the case by establishing the supreme court as the final arbiter of the meaning of the constitution. “Marshall declared for the first time an act of Congress signed into law by the president as unconstitutional.

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I disagree with Alexander Hamilton 's statement that the "Judiciary is the weakest branch of government” today. It might be the case because the judiciary branch is hardly in the media. Both the president and congress always making noise. They are always on the news, the president is trying to do something and complaining that congress is holding him back, for example “Obama Care”, and congress is all talk and no action especially, for issues that matter to the normal people for example, healthcare and taxes issues. On the other hand, judiciary branch is quite and hardly in the news and that’s what Hamilton probably meant by the “weakest branch” (The Judiciary, 2017).

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