Federalist No. 78 In Federalist no. 78 Hamilton tries to explain the purpose of the Judiciary branch while at the same time he attempts to minimize its power, and to reassure people who are on the fence that while they are appointed for life, they are not in fact “tyrannical”, in that they are bound by the constitution to uphold the framework of the land, and are used to keep the other two branches in check and keep them from violating the consistution and our rights as Americans.
He explains that the Judiciary branch has the least “wielding” power, in that they don’t have the power to carry out the laws of the land (Executive) and they don’t have the power to draft any laws (Congress). They have neither “Force nor Will, only judgement”.
I agree that they don’t have any force, but I think it can easily be argued they have “Will”. If the supreme court wishes for a law to be reviewed they can make it happen, and whatever their findings are will be accepted by the whole federal government. Therefore even though they don’t have the power to write legislation, they always have the option of accepting a case that deals with the legislation and in turn knock it down. As we have recently seen them do with things such as Brown v. Board of Edu., and vice verse they can reaffirm that a law is constitutional as we say with the Affordable Care Act.
Hamilton sees the Judicary branch as following the Consitution above all else, in that it should not approve any law that should contradict the Constitution, for it
American Government Final Paper 1. Leaders of the Different Branches of Government Legislative Branch House of Representatives (State,Party) John Boehner (De,D), Speaker of the House Eric Cantor (VA,R) House Majority Leader Nancy Pelosi (CA,D), House Minority Leader Steny Hoyer (MD,D), House Minority Whip Kevin McCarthy (CA,R), House Majority Whip Senate (State, Party) Joe Biden (DE,D), President of the Senate Daniel Inouye (HI,D), President Pro Tempore Mitch McConnell (KY,R)…
powers were created; we need our government to be prepared and have the power to resolve future situations no matter the circumstances. All power in the federal government, stemming from the people, is separated between many levels. As stated in Federalist Paper Number 51, all of the power…
Encounters w/ the Constitution Review Guide (Continuing) AUGUST 27: Anti Federalists Views on the Judiciary Leading opponents: Patrick Henry, George Mason, Richard Henry All agreed that the document produced by the convention in Philadelphia was unacceptable without amendments Bill of Rights (Anti-Federalists) New form of Federalism and new form of Republican government (Anti-Federalists contribution) Letters of the Federal Fann (Richard Henry Lee and Robert Yates) Essays of Brutus (Richard…
and opinions showed himself to be a staunch Federalist and a supporter of the mercantile oriented, weak new central government, imperiled from within by agrarian and democratic dissent. He was not a profound writer nor a leader in the court. He ranks at the top because of his clear pronouncements empowering the government and were phased narrowly so as to provoke no animosity, even though he was the only southern justice to consistently support federalist positions (Seriatim page 16). John Blair Jr…
PEOPLE, POWER, AND POLITICS Instructor: Prof. Elizabeth Eisenberg Email: eeisenberg@brooklyn.cuny.edu Office Hours: Wednesdays, 11:30 - 12:30 (or by appointment) ROOM: 3416J OVERVIEW: This course aims to examine some of the fundamental conflicts that characterize United States society. What meanings do we attribute to terms like democracy, freedom, or equality? What are the ideals that our framers envisioned when this nation was imagined? Are we realizing those ideals today? How do we…
In the Supreme Court case NFIB v. Sebelius, Roberts establishes his opinion on the role of the court, taking in consideration John Marshall’s opinion of judicial review in Marbury v. Madison; judicial review is present in both cases but in different ways. Roberts was aware that allowing Congress the power to control the purchase of healthcare services under the Commerce Clause was overstepping its boundaries, and so his opinion stating that Congress cannot control inactivity created precedential…
Locke’s ideas of ‘ENLIGHTENMENT’ or unalienable rights. That all men are equal, and deserve equal opportunities. +patriots- supporters of American Independence. +loyalists- people that are still loyal to old George III +Valley Forge- winter 77-78, harsh, morale low, thousands of soldiers deserted or died. +Continental army- STG familiar terrain, leadership, HOME! WKS no central gov, food shortage, untrained, small navy. +Washington Crosses the Delaware- BATTLE OF TRENTON Needed a morale…
Hamilton (America’s Financial Genius) Alexander Hamilton is mostly known for signing his name on the United States Constitution, but most people fail to admire his other accomplishments .“Hamilton is considered to be America’s “financial genius,” (Uschan 78). He was the founder of the financial system that we still use today. He was America’s first Secretary of the Treasury and was one of the great men who founded and established our government system. “Hamilton helped shape America for what it is…
behavior” for all federal judges in Article III. This feature was agreed on because the Framers did not want the justices (or any federal judges) subject to the whims of politics, the public, or politicians. Moreover, Alexander Hamilton argued in Federalist No. 78 that the “independence of judges” was needed “to guard the Constitution and the rights of individuals.” Some checks on the power of the judiciary were nonetheless included in the Constitution. The Constitution gives Congress the authority to…
AP Government and Politics Study Guide Amendments 1st Amendment Civil Liberties: Religion, Speech, Assembly & Petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of the people to peacefully to assemble, and to petition the Government for a redress of grievances.” Establishment Clause: “make no law respecting the establishment of …” Free Exercise Clause: “or prohibiting…