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Alexander Hamilton’s essay is mainly about the importance of having an independent judiciary branch

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Alexander Hamilton’s essay is mainly about the importance of having an independent judiciary branch and its ability to strike down laws passed by Congress which are believed to be “contrary to the manifest tenor of the Constitution.” The rest of the essay, for the most part, deals with structure of federal courts, their jurisdiction and powers, the methods used in appointing judges and other related issues. In supporting the main theme of his essay, that is, independence of judiciary, Hamilton argued that the judiciary branch has “neither force nor will but merely judgment.” He maintained that the executive branch holds the “sword” power that commands the military and implementation of laws and the legislature has the full authority …show more content…

It is a positive sign since eventually the judiciary well be completely powerless if its decisions are not executed. Moreover, the implementation of judiciary decisions acknowledges Hamilton’s point that judiciary makes judgment and does not act by itself. Another premise Hamilton presents in supporting his claim that judiciary stands “the least dangerous” branch is political rights and liberties of citizens. He emphasizes on the independence of judiciary from other branches that will ensure the political rights and liberties of citizens are not endangered. He believes the judiciary branch neither has the illicit jurisdiction nor the implementing power to jeopardize the political rights and liberties of people. He makes it clear that “the general liberty of the people can never be endangered from that quarter [judiciary]” and this will not be the case if “the power of judging be not separated from the legislative and executive powers”. However, He believes the judiciary on occasions may treat an individual unfairly, but in general the courts will never threaten liberties. Also, Hamilton argues that Constitution grants Congress the authority to establish federal courts in addition to the Supreme Court and to determine most of the jurisdiction of all federal courts. Hence, the judiciary branch will not be able have rulings that will endanger the basic rights political rights of citizens. Hamilton advocates that the

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