How Does Hamilton Say That The Judicial Is The Weakest Branch Of Government
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.
What I mean by that is if the executive branch didn’t like something that the judicial branch was doing they could off a change or a different solution. So to make a long story short these branches weren’t completely separate. Written in Federalist Paper #51 it states that “The three branches should not be so far separated as to have no constitutional control over each other.” (Doc C) I also think that when Madison said that “The different governments will each control each other, but at the same time they each will also control themselves.”
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).
On the other hand, Marshall ruled the Judiciary Act of 1789 to be “an unconstitutional extension of judiciary power into the realm of the executive” (Marbury v. Madison, history.com). In spite of settling this dispute, ultimately, the Supreme Court elevated and contributed to its power by establishing its right to judicial review of laws made by Congress, that power not implicitly included in the Constitution beforehand (Marbury v. Madison, www.inspireeducators.com). All things considered, the Marbury v. Madison case granted the Supreme Court of the United States (S.C.O.T.U.S.) the power of judicial review, therefore allowing the Court to declare laws passed by Congress to be unconstitutional. This had and still has a tremendous and significant impact on the United States because if not for it, the laws passed could not be declined or conferred further about, or in other words, struck down and reviewed. Our judicial system would be limited.
Some evidence that James Madison provides is, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may be justly pronounced the very definition of tyranny…. (L)iberty requires that the three great departments of power should be separate and distinct.” (Source: James Madison, Federalist Paper #47.) This statement defines that one branch shall not be more powerful than another. This is called The Separation of
The Judicial Branch is the judge of any laws that the President or Congress passes, they decide if the law goes along with the Constitution. Without this system our government would fall into a complete disaster and most likely become a dictatorship. Given these points, it is obvious that the power in our government needs to be
It doesn’t have as many parts to it as the Executive and Legislative Branches. They also don’t do as much as the other branches, because while the Legislative Branch creates Laws and the Executive Branch controls most of the federal organizations the Judicial Branch just hears different cases that appeal through the lower courts. One Example of this is in document B where is says,” The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the
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
Ultimately, the judicial branch has to go back to what the founding fathers intended for the court’s purpose and to use the power accordingly. To maintain the strength of the branch, the courts must think about what is constitutionally right. Their decisions should reflect the amendments as well. “Judicial power plays an important role in the rule of law, even while it comes frequently into tension with norms of democratic rule” (Friedman & Delaney, 2011, p. 57, para. 1). This is the only way that citizens will feel like their rights are truly protected.
Marbury v. Madison during the year of 1803, discussed the judicial branch’s power over lawmaking. Thomas Jefferson mentioned how the Court’s final choice made the Constitution, “a mere thing of wax in the hands of the judiciary” (Document D). The judicial branch did receive more freedom early in the nineteenth century. The judicial branch was still required to follow what is stated in the Constitution in order to get a national law passed.
In The Declaration Of Independence (Jefferson) paragraph 16, it recalls, “the dignity and solubility of governments in all its branches, the morals of the people, and every blessing of society depend on so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both of the legislative and executive.” This quote demonstrates that the government can and will only work if it is in the best interest of its people, and checks and balances between two other branches do not allow overstepping of one branch or the other, relating back to how the government is 3 branches are affiliated with the United States government. In addition, disclosed by Thomas Jefferson: Best Of Enemies paragraph 3 (Chernow) “The two enemies of the people are criminals and the government, so let us tie the second down with the chain of the constitution so the second will not become a legalized version of the first.” This quote says that if we follow Hamilton's ideas that the government will have a power to protect the wrong doings instead of preventing
We all had those moments when we all hated the congress for passing a bill that destroyed their dreams or the president for only who they were or what their stance on certain things, however have you ever thought who really calls the shots, the President or the Congress? Like sure, it would make sense if the President has most of the power, while Congress has some or vice versa. Although when it comes to certain things, the Congress has more power over the situation. In Presidential Influence on Congressional Appropriations Decisions by D. Roderick Kiewiet and Mathew D. McCubbins, they state that the president must possess impressive resources upon which to draw.
Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.
writing prompt #6: Explain why the media has been called the fourth branch of government. Include your opinion of whether this is an accurate portrayal. Media is considered the fourth branch of government, but why? Media influences lives on the daily and can influence governmental thoughts, opinions , and decisions as well. Because of this it could be used for or against the government.
Lobbyists, trade associations, governors and non-profit groups also gets more influence with the power of the media. Therefor the influence of the President is not as great as it would
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