Friday, October 28, 2011

The Federalist No. 78

Questions:
1. Why did you presume that the Judiciary Branch was the weakest of all branches?
2. Did you think that the Judiciary Branch was going to be weak forever or did you think that it would eventually get stronger?
3. How do you know that the Judiciary Branch would have no effect on the U.S. economy.
4. If the Judiciary Branch was weak, why did it not get overpowered by the others?
5. If you could come to present day, what would you think about the Judiciary Branch now?

Quotes:
1. According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices DURING GOOD BEHAVIOR; which is conformable to the most approved of the State constitutions and among the rest, to that of this State.
I thought this quote was important because this shows that only "good" judges may hold their position. We would not want a "bad" one making judgements.

2.The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
I thought this quote was important because Hamilton really makes it seem as if the Judiciary Branch were useless. He says he has no influence in our economy and that it must depend on the executive arm, but it does not seem like that today.

3. And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments.
I thought this quote was imporatant because Hamilton makes it sound like the judiciary branch is useless without the other two. But it is quite the opposite today the judiciary branch can now declare any of the Legislative or Executive Branch actions unconstitutional, the judiciary branch has more power today.

4. Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power. It is urged that the authority which can declare the acts of another void, must necessarily be superior to the one whose acts may be declared void.
I thought this quote was important because it contains the ideas of the Checks and Balances and says that is is needed the Separation of Powers.

5. Hence it is, that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the stations of judges.
I thought this quote was important because it shows that not everyone can take the job of a judge. It says that being a judge actually takes skill that some do not have.

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