What did Alexander Hamilton say about the judicial branch?

What did Alexander Hamilton say about the judicial branch?

Hamilton said in Federalist No. 78 that the planned government's judicial department would be the weakest of the three branches because it lacked independence "I have no control over either the sword or the purse. It is true that it has neither FORCE nor WILL, but just JUDGMENT." No. 1 Federalist paper written by Alexander Hamilton who was one of the founders of the United States and an influential writer on national affairs. This short essay explains why a federal system of courts is necessary for the new country.

Alexander Hamilton also said in the same article that the executive power of the government could be exercised by a single person but only if he had good judgment and faithfulness to his trust. Otherwise, he would not be able to maintain peace among the different states parties to the new constitution. The president must be able to decide issues arising during his time in office and this requires having good judgment about what problems might arise while keeping an open mind about possible solutions.

Finally, Hamilton argued that the legislative power cannot be exercised by a single person because it would lead to tyranny since people will always try to gain power over others through legislation. He concluded that it is better if this power is divided up between several individuals so no one group can impose its will on the rest.

These are only some examples of how Alexander Hamilton felt about the three branches of the federal government.

Which branch did Alexander Hamilton refer to as the least dangerous branch?

The judicial system Because it had no soldiers and no spending authority, Alexander Hamilton famously labeled the court as the least dangerous department of government. This has prompted constitutional builders to consider empowering independent courts to monitor other arms of government.

The executive department He wrote that without the judiciary, the president would be "a mere executor of laws," since there would be no one else with the power to interpret them or enforce their penalties. This warning has been echoed throughout American history, most recently by President Barack Obama when he said that if Congress tries to pass legislation that would override the Supreme Court's rulings, then we're going to have a problem with the balance of powers getting upset.

The legislative department He also warned against giving the legislature the power to create offices or appoint officers because they could use these powers to establish branches of government that might threaten democracy. Today, many countries have adopted an executive presidency style system based on the Framers' fears about what would happen if we let the legislature draft the chief officer for any of its branches.

So, in summary, the judicial branch is the least powerful because it can't spend money, arrest people, or send troops into battle. The executive branch is next because it can only execute the laws and not make new ones.

On what grounds does Hamilton argue with the judicial department?

On what reasons does Hamilton argue that the judicial arm of government is the weakest? According to Hamilton, it has virtually no power to impose on the Constitution. Because the judicial branch lacks both power and will, it can only use judgment. This means that the judiciary can rule on whether the executive or legislative branch has violated the constitution but cannot change their own rules.

In addition, the judiciary cannot provide any stimulus to political action because they can't pass laws or issue orders. Finally, the judiciary cannot protect its own reputation because there are no courts through which to seek redress. All in all, then, the judicial branch is weak because it can only use judgment and cannot perform any of the other functions necessary for a strong branch.

These are some of the ways in which Hamilton argues that the judicial branch is weak. Other ways include the fact that judges are not directly elected by the people nor can they be removed from office except by death or resignation. Instead, they are either appointed by the president or selected by state legislatures. The final weakness according to Hamilton is the lack of diversity among judges. Since there are so few judges, they will tend to look like the public they represents rather than an impartial group of individuals.

In conclusion, the judicial branch is weak because it has no real power and no way to obtain it.

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Kathryn Gilbert

Kathryn Gilbert is a professional writer with over five years of experience in the publishing industry. She has a degree in journalism and communications from one of the top schools in the country. Her favorite topics to write about are politics, social issues, and cultural trends. She loves to share her knowledge on these topics with the world, so she can help people understand their world better.

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