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
In the contentious court case of McCulloch v. Maryland, Hamilton stressed that if Congress was given specific power by the Constitution, it was therefore constitutional. Chapter 2, Page 61
Federalist 51 mentions that “the legislative authority necessarily predominates. The remedy for the inconveniency is to divide the legislature into different branches.” Keeping this idea in mind, it is the reason why the legislative branch is divided into the House of Representatives and the Senate. By dividing the legislative branch, Congress assures that too many individuals do not control one large portion of the government and that the legislative branch works with more efficiency without too many conflicting opinions. Additionally, in the Judiciary branch, the author explains that “some deviations [from absolute democracy] must be admitted.” The exception is necessary because according the Hamilton or Madison, the branch needs specific qualifications in order to elect essential members and that the position must be permanent so that it combat all dependence on authority. This concept sets up the process by which Supreme Court justices are put into power today where the president appoints a judge to serve for life or until the judge chooses to retire. Moreover, the article proposes the design that the overall government itself should be split into two sections, the federal and state level. This so that the state government can adhere to the values of its individual populations while the federal government lays down the general guidelines so that the state government’s values does not exploit the citizen’s natural
Despite Hamilton’s opposing beliefs, his attempts to persuade everyone were highly successful, due to the fact that his actions lead to the selection of his bitter, political enemy, Thomas Jefferson, as our nation’s third chief executive, despite the differences they had. Hamilton was able to persuade the House of Representatives to vote for Jefferson over Burr by writing,“From Alexander Hamilton to Harrison Gray Otis.” In this letter, Hamilton elaborates on how choosing Jefferson is the best option because he is the “less evil” between the two of them. However; the outcome of the election affected not only Hamilton’s political career, but his personal life in numerous ways, as well. As far as his political career goes, he lost an immense amount of support from the Federalists.
The birth of America’s government was one of the most beautiful and worthwhile things that has ever been achieved in history. However, the process of creating America’s government was painful and prolonged due to the disagreements between Alexander Hamilton and Thomas Jefferson on the matters of the majority voting, a dictating government, andthe possibility of the constitution changing. Therefore, the birth of America was indeed an ordeal to go through since there was a constant disagreement between Hamilton and Jefferson. In the following paragraphs, the two differing opinions of these political leaders will be compared and contrasted. Thomas Jefferson made it comprehensible that he grasped the risk of voting someone into office.
Whose side would you have been on in the 1790s, Thomas Jefferson’s or Alexander Hamilton’s? Both of these men served under George Washington in the first presidential cabinet, yet they had very different views of what government should be (Davis 86). My objective in this research essay is to inform the reader of why there was so much controversy between these two founding fathers, and to determine which side had the better views for our newly forming country.
In your educated opinion, is the Judiciary really the weakest branch of government? Explain your answer. Has the Court gained or lost power over time? How would Hamilton respond to your argument?
78 examining issues surrounding the judiciary department of the new government being proposed. In his paper, Hamilton justifies the method of appointing the judges, the tenure by which they are to hold their places, and the partition of the judiciary authority between different courts, and their relations to each other. The method of appointing judges was fully discussed in earlier papers, and Hamilton saw no need in reiterating what was already said. Hamilton states that judges appointed are to hold their offices “during good behavior” (Bianco & Canon, 2015, p. A18). Hamilton’s belief that the standard of good behavior for the duration in office was one of the most valued advances in government. Basing a judge’s tenure on good behavior “secures a steady, upright, and impartial administration of the laws” (Bianco & Canon, 2015, p.
78”, which states “And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.” In other words, it is the duty of the judiciary department to act as intermediary between the legislature and the people; to interpret and confirm the laws passed by the United States government. The next paragraph clarifies even further that the Judiciary has no influence of either the sword (the Executive branch) or the purse (the Legislative branch). “It may truly be said to have neither FORCE nor WILL, but merely judgment”. It is the purpose of the Legislative branch to create and pass laws, it is the Judiciary’s obligation to merely interpret those laws and judge their constitutionality, without any agenda. It is the purpose of the Executive branch to carry out the
After the nation had gain it’s independence the nation face many economic problems. The man who helped solve these problems,Alexander Hamilton helped reform and revolutionize how the nation would operate their economy and some of the principles are still in effect today. His first goal was to pay of the debt that the nation owed and he believed would bring national unity. Since congress was now able to pass taxes and tariffs which helped raise Federal revenue. The tax on whiskey also helped raise the funds necessary to pay off the debt. The American people did not take kindly to this as it led to the whiskey rebellion of 1794. Another plan he had to achieve the ultimate goal of paying of the debt which he was able to do when he implemented
Alexander Hamilton wrote most of the Federalist Papers and each of them had something new to add to the argument for the ratification of the U.S. Constitution. In his paper “The Insufficiency of the Present Confederation to Preserve the Union,” Hamilton discussed the major problems with the Articles of Confederation. To get a deeper understanding of Hamilton’s paper, one must examine its strengths and weaknesses and how it correlates to government studies.
Alexander Hamilton's definiton of the Supreme Court's power of judicial review was argued in Federalist No. 78.
Hamilton discusses the powers of the judiciary in the Federalist papers essay no 78. He asserts that the judicial arm of the government is the least likely to threaten liberty and property of the citizens. Part of this assertion was brought about by his conviction and beliefs, that the judiciary was the weakest branch of government. The constitution spells out three branches of government which are independent of each other and perform different roles to the benefit of citizens. This document also spells out the checks and balances that help in regulating the three branches. For the judiciary, however, its nature of the roles makes it weakest. It also means that the role that judiciary plays in ensuring justice is meted upon every individual in the country makes it the least arm of government that can threaten individuals’ political rights.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican
The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,
The author expands on John Marshall, chief justice of the United States Supreme Court in the next chapter, “Hamilton’s Disciple: How John Marshall Subverted The Constitution.” DiLorenzo explains how, in order to interpret the Constitution document, Marshall relied on the Federalist Papers influenced by Hamilton. In this chapter the author refers to the difference between a decentralized government (Jeffersonian federalism) and a consolidated government (Hamiltonian nationalism.) DiLorenzo gives an analysis that helps understand why Hamilton may have been the worst enemy to this nation.