In your own words, what three issues regarding the judiciary is Hamilton addressing? (paragraphs 2-3)
How they become federal judges, how long they hold position, and how judicial power is distributed
. 3.
What does Hamilton say about judicial review?
In 1788, in the 78th paper of “The Federalist, Alexander Hamilton
argued for judicial review by an independent judiciary as a necessary means to void all governmental actions contrary to the Constitution.
How does Hamilton view the power of the judiciary?
Hamilton believes that the terms of judges should be permanent tenures. … According to Hamilton the purposes of the judicial branch is
to “declare all acts contrary to the manifest tenor of the Constitution void
“, meaning to rule any laws or policies not in accordance with the Constitution, unconstitutional.
What is Hamilton mainly arguing for and about when it comes to the judicial branch?
Since judges have power over neither “purse” nor “sword,” Alexander Hamilton argued in Federalist 78 that
the judiciary would be the “least dangerous” branch to people’s rights and liberties
.
What 3 things is the judicial branch responsible for?
- Interpreting state laws;
- Settling legal disputes;
- Punishing violators of the law;
- Hearing civil cases;
- Protecting individual rights granted by the state constitution;
- Determing the guilt or innocence of those accused of violating the criminal laws of the state;
What is the main purpose of the judicial branch according to Hamilton?
According to Hamilton the purposes of the judicial branch is to
“declare all acts contrary to the manifest tenor of the Constitution void”
, meaning to rule any laws or policies not in accordance with the Constitution, unconstitutional.
Which branch is the weakest?
In Federalist No. 78, Hamilton said that
the Judiciary branch
of the proposed government would be the weakest of the three branches because it had “no influence over either the sword or the purse, …
How is the judicial branch the most powerful?
The Power of the Courts
The federal courts’ most important power is that of
judicial review, the authority to interpret the Constitution
. When federal judges rule that laws or government actions violate the spirit of the Constitution, they profoundly shape public policy.
What are examples of judicial review?
Examples of Judicial Review in Practice
Roe v. Wade (1973): The Supreme Court ruled that state laws prohibiting abortion were unconstitutional. The Court held that a woman’s right to an abortion fell within the right to privacy as protected by the Fourteenth Amendment.
The Court’s ruling affected the laws of 46 states.
What did Hamilton mean by good behavior?
Good behavior:
capable of mentally and physically carrying out their duties
1 pointYour answer3.
What can’t the judicial branch do?
The judicial branch can
interpret the laws but cannot enforce them
. This is supported by the fact that the Constitution doesn’t say anything allowing them to do so. At the Marbury vs Madison case, the Supreme Court jury realized they couldn’t enforce the laws. The Supreme Court can’t have a jury at an Impeachment.
Is the judiciary still the weakest branch of government?
According to Hamilton in The Federalist Papers in essay no. 78,
the judicial branch of government is without a doubt the weakest branch
. But it includes the power to hear appeals, hold trials, and review government conduct with accordance to the Constitution.
Why is the judicial branch the least powerful?
The judicial branch—even though it has the power to interpret laws—is considered the weakest of the three branches by many
because it cannot ensure that its decisions are enforced
. … However, federal judges have great power due in part to their longevity. Federal judges receive life appointments under the Constitution.
What power do judges have?
Judicial power is the power “
of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision
.”139 It is “the right to determine actual controversies arising between diverse litigants, duly instituted in courts of proper jurisdiction.”140 The …
What powers does the judicial branch have?
Federal courts enjoy the
sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases
. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena.
What are 5 facts about the judicial branch?
The Judicial Branch is determined by the U.S. Congress and the U.S. President. Congress is
able to determine the number of Supreme Court judges
. There have been as few as six and as many as nine at one time. A federal Supreme Court judge can only be removed from their position by retirement, death, or by impeachment.
