Friday, October 28, 2011

Federalist #78

Questions:
Would you change anything to make the Judaical branch weaker?
What was your reasoning behind saying the Judaical branch would be the weakest?
Would you change anything about the court system today?
Should judges determine a case because of their own beliefs or just on the Constitution?
Do you think the Supreme Court is based off of political party too much?


Quotes:
"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."

This shows how Hamilton thought the Judaical branch would not have as much power as they do today.

"The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government."

This shows that Justices can serve for life as long they do not do anything completely wrong. This way they can focus on their job, not getting elected.

"They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental."

This shows that the judge's rulings should only be based on the Constitution.

"A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body."

This is also showing that the Constitution is what the decisions of the cases should be based on.

"...the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them."

This is showing that the founding fathers believed the Supreme Court could not gain a lot of power.

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