Summary Of The Federalist Paper 78, By Alexander Hamilton

1692 Words7 Pages

In order to correctly analyze these questions we must have the general understanding that throughout the Federalists paper#78, Alexander Hamilton expressed the idea and importance he saw with how the Judicial branch needed to be fully independent from both the executive and legislative branch, in order to protect the public from deficiencies of decision-making by each of those two branches of government. Thus, Hamilton held that in order for the Judicial branch to perform its duties well this independence was needed. As a result, no errors in their judgment can be corrected by any institution or body of government, (Federalist Paper, #78), and in a modern sense you can see this with the supremacy of law, in which states that all acts of government …show more content…

In a modern sense, proper use of Judicial Independence is important because as it says in, "May it Please The Court," on page 74, law is everywhere in modern America. Thus, Americans use law and courts to resolve disputes that are large and small, public and private. Therefore, you can see how Judicial Independence and legal professions in general are important and critical because it can shape and inform relations between individuals and institutions in this country today, as it has for more than 200 years. Therefore when considering Judicial Independence we must understand the critical aspect and importance it represents with regards to adhering to constitutional thought and or …show more content…

Courts truly represent the coercive power of government and their decisions allocate power among the branches of government, distribute wealth among individuals and corporations, and draw boundaries between personal freedom and governmental authority. Thus the judiciary is immensely important because it interprets the law when they decide cases, and the power to interpret the law is the power to make the law, especially in cases in -which there are very few and or no precedent cases to reference or guide them, (May it Please the Court, pg, 4). Therefore, I definitely wouldn't call the Judicial Branch "the least dangerous branch," as Hamilton put it, because they have a final rule on a lot of important issues that rest heavily in public opinions. Hence why court decisions must satisfy public opinion often enough that opponents of a particular decisions will obey it because they acknowledge the legitimacy of the court that made it, (May it Please the Court, pg, 11). Thus courts must reconcile law and politics in order to ensure that citizens will obey the law and that court will remain featured actors in the American political drama. In addition to that, Americans' interest in judicial nominees reflects their growing awareness that courts, make important public policy decisions and that judges' values and personal politics affect the