ipl-logo

Strengths And Weaknesses Of Hamilton's Judicial System

698 Words3 Pages

The judiciary has become a very branch of the United States’ political system. It has brought many monumental decisions such as Brown v. Board of Education (1954) that have changed the course of history. But the use of this judicial system was formed from the writings of Alexander Hamilton in the Federalist Papers as he described his goals for a judicial system. In Hamilton’s essay, he discussed the importance of the judiciary to be a check on the President and Congress and how it should be upheld in the Constitution. Even though there are some weaknesses, Hamilton’s essay has shown how important the judicial system has become to the American political system. There are many strengths to Hamilton’s essay on the judiciary system. One of the …show more content…

One of the major weaknesses was discussing the weakness of the judiciary system. Hamilton said that judiciary is weak because of its “inability to control money or military action.” But to many people when hearing that a branch of government is weak can make them question why that government is needed or exist. Even though the judiciary system is very important to the American political system, being called weak by one of the Founding Fathers can leave a bad mark on the judiciary system. Another weakness of Hamilton’s essay was the good behavior clause, while having a good behavior clause is very beneficial to the courts to help avoid court members from abusing their power, in my opinion, this did not go far enough, I feel that they should have introduced term limits for the Supreme Court to help allow future members to better prepare themselves to be ready when the opportunity arises. Not having term limits have also led to more partisan issues when it comes to determining Supreme Court Justices because an unexpected incident can lead to the President quickly picking a partisan candidate which could lead to gridlock in the Congress which is why I feel that Congress should term limits to members of the Supreme Court. While there are both positive and negative aspects of Hamilton’s essay about the judiciary, it has helped bring a fairer system to

Show More
Related

Summary Of The Supreme Court Case Of Gideon V. Wainwright

1023 Words | 5 Pages

When people think of how government works, unless they’ve taken a government class, they usually think of Congress making laws and the President doing pretty much everything else. No one pays much attention to the Supreme Court unless there is a landmark case or something else to grab the news — like the recent death of Justice Antonin Scalia. But the Supreme Court does much more than you’d think regarding keeping the political machine running like a well-oiled … machine. Through not only interpretation of the law, but also judicial activism, the Supreme Court shows it can have as much influence over the laws of the land as either of the other branches of the federal government. In this paper, I will analyze the decision-making methods of the Court using the cases of Gideon v. Wainwright and Betts v. Brady.

Read More

Gordon S Wood Creation Of The American Republic Sparknotes

1224 Words | 5 Pages

[..][T]he present is an age of philosophy, and America the empire of reason.” This early reasoning guided them in developing a government that was not only more democratic but ensure separation of powers and proper legal review. The key concepts and ideas that were developed during these dramatic years, shaped our system of

Read More

Summary Of Gerald Rosenberg's Book 'The Hollow Hope'

710 Words | 3 Pages

Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.

Read More

How Did Hamilton Support A Strong Central Government

746 Words | 3 Pages

On the other hand, Hamilton was a loose constructionist, and believed that the Constitution could be interpreted by the reader. Hamilton and

Read More

Merit Plan Pros And Cons

694 Words | 3 Pages

The Merit Plan Judges in the state of Nevada ascend to their positions through an election by the citizens of Nevada. “In 2007 and 2009, the legislature approved a proposed constitutional amendment calling for merit selection of Nevada judges. ”(JudicialSelection. US) The Merit plan, is a system of appointing judges through bipartisan commissions who forward the lists of shortlisted candidates to the appointing authority to pick from the list.

Read More

What Are The Implications Of The Marbury Vs Madison Case Brief

582 Words | 3 Pages

Marbury v Madison The case of Marbury v. Madison will always be considered one of the most important cases ever decide by the Supreme Court. The Court’s ruling has been discussed and examined by many law scholars throughout the world. This essay summarizes the case and explains the implications of it regarding the powers of the Judicial Branch.

Read More

Does Alexander Hamilton Say That The Judicial Is The Weakest Branch Of Government

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.

Read More

Constitutional Dbq Essay

1227 Words | 5 Pages

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.

Read More

Ratification Dbq Essay

1265 Words | 6 Pages

Prior to the ratification of the United States Constitution, a series of eighty-five essays, later compiled and published as The Federalist Papers, were written under the joint pseudonym “Publius” by Alexander Hamilton, James Madison, and John Jay. In these essays, the three men expressed support for ratification by explaining the meaning and virtues of the Constitution (Brinkley, 139). Although, it did not receive such fame until the early twentieth-century, Madison’s Federalist No. 10 has since been regarded as one of the more prominent Federalist papers (Adair, 48). In it, Madison presents the argument that the new republican government under the Constitution would be better able to deal with the problems that arise from factions. This paper

Read More

How Did John Marshall Become The Head Of The Supreme Court?

1043 Words | 5 Pages

John Marshall was born in 1756 and grew up near Germantown, Virginia. He was homeschooled by his mother and lived an unassuming life before deciding to fight in the Revolutionary War when he turned 20. Marshall became an officer in the Continental Army befriending General George Washington. He left the military to study law in 1780, eventually becoming the head of the Supreme Court. John Marshall’s work in the Supreme Court instituted new principles such as final interpretation of the constitution, the grandfather principle, and the process of judicial review into the the parameters of the Judicial Branch’s abilities.

Read More

John Jay's Influence On The Federal Government

1018 Words | 5 Pages

To avoid the corruption and also the misuse of taxation, Hamilton argues that the structure and limitations of power would guard against any attempts. Federalist. No. 32 Hamilton: Taxation

Read More

Differences Between The Articles Of Confederation And The Constitution

1023 Words | 5 Pages

Another important aspect that was established by the new “law of the land” included an executive and judicial branch, and it gives each branch the power to check the other. This concept of checks and balances ensured that one branch would not assume more power than the others. This was an effort to combat the possibility of tyranny, still a sore subject at this point in

Read More

Term Limits In The Supreme Court

339 Words | 2 Pages

The Supreme Court is an extremely important part of government. As such, we need healthy judges that are on top of their mental game. Therefore, term limits are necessary because newer judges can have a different point of view, mental health will be reduced, and the majority of Americans support term limits. If we have newer judges they will have a different point of view. In the article, Christopher stated that “It would mean a court that more accurately refers the changes and judgements of the society.”

Read More

Key Constitutional Concepts By Leonore Annemore Annenberg Institute For Civics

644 Words | 3 Pages

Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.

Read More

Essay On Judicial Selection

801 Words | 4 Pages

Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.

Read More

More about Strengths And Weaknesses Of Hamilton's Judicial System

Related Topics

Open Document