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Essay agreeing or disagreeing with hamilton's position in federalist No. 78
What did hamilton's argue in federalist #78
Hamilton federalist philosophy
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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.
Lee H. Hamilton, a former congressman in the House of Representatives, wrote, The Case for Congress, to share some of the criticisms he has heard over the years and to explain the effects of such opinions. Hamilton speaks of three main criticisms: “Congress is run by lobbyists and special interests”, “Congress almost seems to promote total gridlock”, and “There’s too much money in Politics” (Hamilton 2004). For each of these criticisms, Hamilton explains these thoughts and his opinion on the matter. The strongest point of Hamilton’s argument was in defending the lobbyists in Congress. Hamilton (2004) said the public opinion of lobbyists is that “Congress is manipulated by powerful wheel-dealers who put pressure on legislators and buy votes through extensive campaigns and other favors” (p. 83).
In the 1790s, before their presidencies, the views of Jefferson and Madison differed from those of Hamilton. Hamilton, a Federalist, supported a strong central government that could enforce the law and uphold the Constitution. (Doc B) Before
Hamilton stresses the importance of balanced power, as well as the involvement of all branches in both local and national agendas (Gais). Hamilton wants to make clear that democracy is completely different than a monarchy in the fact that the president, who is chosen by the people, will never become some type of superior human. The United States is one of the first nations to practice democracy, so there was no country to look towards as a model. This made Hamilton’s job difficult because he had to encourage Americans to trust the process of building a great nation. The other part of Federalist 67 comments about the president’s ability to appoint officials to vacancies in the government.
Hamilton argues that it is necessary for judicial power to be adjacent with legislature to ensure stability in the interpretation of nation laws. Hamilton argues that federal judiciary should include jurisdiction over cases that could lead to war. The reason is because “peace of the whole ought not to be left at the disposal of a part.” The entire country should not be at risk with war as the result of a decision made a state’s court. Hamilton states to the objection of the federal judiciary having authority over issues of equity, loans and financial obligations.
The Federalist Papers 78 and 79: The Judiciary Branch After the Revolution, America was in a very bad place. We had recently overthrown what many believed to be a tyranny. While many people argued our government needed more power, they were afraid of giving too much power. Keeping the Articles of Confederation or planning an entire new government was debated. Congress decided we needed a change.
In “Federalist No. 69”, Alexander Hamilton wrote to inform and persuade the public to agree to the ratification of the U.S. Constitution. Particularly, he focused on the executive leadership’s role in the new government. He described the number of years the President can serve for before he is eligible for reelection. The President’s conduct and actions regarding legal matters are described as not being above the law. Law-making checks are imposed on the President as the two houses carry a large say.
a) The government would also represent the people along with the point that states couldn’t infringe on individual’s right to land. b) Hamilton was in support of the idea that a president and Senate should serve life terms. c) Many people wanted to find a middle ground between
The first ideal made by Hamilton that affected the Democratic Republic government in the late 1800s was their power policies in the central government. Although the Democratic Republic’s beliefs included more power to the people rather than the government, during Jefferson’s presidency, the policy was affected by Hamilton’s policy, including the necessary and proper clause. For example, during the Louisiana Purchase, Jefferson used Hamilton's elastic clause to expand the land and resources for trade. This was technically unconstitutional, as he didn’t go through congress first, but he used the clause created by Hamilton and his ideals for the betterment of his country. This is ironic though, because he later opposed Hamilton’s national bank in 1791, because of the unconstitutionality (Doc 1).
On September 17, 1787, The Philadelphia Convention emitted their own new constitution to the states for ratification. Instead, The Federalist profoundly accepted the Constitution for several reasons, which included that this new constitution allowed for higher and further central government, that was formerly undermined under the Articles of Confederation. In the other hand, The Anti-Federalist, did not want a authoritative and dominant central government, but instead, powerful state governments; in response to the new constitution, many of the Anti-Federalists began writing different essays and creating pamphlets as a means of arguing against it. In retaliation to the Anti-Federalists experiment at earning states to not rarify the Constitution, many federalists advanced a group of essays known as the Federalist Papers, which argued for the ratification of the new law system.
His father had skipped town soon after he was born, his mother died when he was young, and he had few other family members to fall back on. To make up for these lackluster credentials, he decided to work himself at a constant pace. While he is most well-known for his authorship of fifty-two of the eighty-five essays comprising the Federalist Papers, he didn’t stop there. In fact, Hamilton would argue with anyone he didn’t
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
Hamilton stated that the Judiciary branch is the least hazardous to the political rights that the judicial branch possess only the power to judge, not to act on its rulings and it hinges on the executive branch to carry out its orders. The judicial branch will succeed due in part to its own neutrality so they can grant fair and unbiased rulings. Political rights are least threatened by the judicial branch due in part to its inability to control either the monetary funds or the military of the country. The judicial branch has no power over the writing of laws or the enforcement of them which allows for it to be completely neutral in its decision-making process. Hamilton praises the Constitution for founding courts that are separate from Congress and their influence allowing for a truly free
During Hamilton’s early political activities, he had analyzed the political weakness and financial of our earlier government, and wrote a letter about the government's weakness “to a member of Congress and to Robert Morris.” In November of 1781, Hamilton moved when the war was over to Albany, where he began to study law and began to practice in July 1782. Throughout Hamilton’s law career, he defended some of the most unpopular loyalists who were still loyal to our enemy the British. After a few months of practicing the law, the New Year legislature elected Hamilton to the Continental Congress. (“Alexander Hamilton”).
In 1787-1788 eighty-five essays appeared in the New York newspaper, they were supporting the federal constitution, Alexander Hamilton was one of the writers. Hamilton was responding to antifederalist who had claimed that absence of the Bill of Rights and a powerful Judiciary would bring oppression to the people. Hamilton argued that Judiciary was a weak branch of government compared to Executive and Legislature because it lacked an army to command and would only react to what the two branches of the government had proposed. I disagree with the statement by Alexander Hamilton that judiciary is the weakest branch of the government, maybe at that time it could have been viewed as so, but its power has increased through several amendments (Jellum, 2008). The Congress creates law, for example, they created the National Prohibition in the 1920s, and the president executes the laws by ensuring all the laws passed by the Congress are implemented.
