Copy of Questions_ Fed78, Brutus15
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Political Science
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Apr 3, 2024
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READING GUIDE FOR FEDERALIST #78
Name: __
Directions: Read the excerpts (Lanahan reader) or visit link
,
Federalist No 78
then respond:
1.
On what grounds does Hamilton argue that the judicial department of
government is the least powerful branch of government?
Hamilton argues that the judicial branch has less power than other branches due to it
depending on the executive branch’s actions. This ultimately means that it has less power
to attack other branches successfully. The judiciary branch also does not have the power
of the sword or the purse which the other two branches have. Lacking active powers
makes them the weakest as they can only make judgements on existing actions.
2.
Why did Hamilton so carefully point out the relative impotence of the
judiciary?
Hamilton pointed out the limitations of the judicial branch to appeal to the public that this
branch of government can only pose minimal risks to the liberty of the American people.
However, the judicial branch will stand as a strong and independent force that will uphold
the individual rights and the rule of law.
3.
What was Hamilton’s position regarding the power of the judiciary to
declare void any legislative acts that were contrary to the Constitution?
Hamilton believed that the power for the judiciary to void any legislative acts is needed
as he wants the principle and supremacy of the Constitution to be preserved and adhered
to. Although it looks like the judiciary is too powerful in this scenario, Hamilton counters
it with the fact that the Constitution should be the foundation and should always be
respected as anything that is deemed unconstitutional should be voided.
4.
Why does Hamilton consider the independence of the judiciary to be a
vital component of constitutional government?
An independent judiciary is important due to it guaranteeing the protection of individual
rights and liberties of the people under the Constitution. Having no political effects on the
judiciary branch proves crucial in keeping it an unbiased decision. Having the authority
to strike down legislative laws is essential to resolving disputes.
5.
What arguments does Hamilton use to support life tenure for judges?
Life tenure ensures the independence and impartiality of judges. Judges with job security
ultimately are less influenced by popular opinion or politics. Judges will be more likely to
base their decisions/ judgements on the basis of the Constitution.
Read Brutus 15 excerpt and respond to the following
APBrutusAntiFed15
BRUTUS 15 Questions
1.
What does the Brutus essay argue with respect to judicial independence?
The Brutus essays argued that the judiciary branch is unchecked due to it being
independent, ultimately allowing it to be tyrannical and infringe on the rights of the
American people.
2.
How does the essay characterize the relationship between the Judiciary
and the Legislature?
The relationship between the Judiciary and the Legislature is considered imbalanced and
dangerous. The judiciary's power is extremely strong according to Brutus 15 which can
disrupt the balance of power that a republican government is formed upon.
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