Question

Answer in short essay.

which branch of the Federal Government do you think is the most powerful, why? Alexander Hamilton called fhe Supreme Court the "least dangerous branch" why?

Answer 1

The three branches in federal government are Executive, Legislative and Judiciary.

Which is most powerful branch among these is a very subjective question and the answer here provided is an opnion with an explanation for the same. There are checks in US constitution to prohibit any particular branch to have excessive powers. All these three branches have expanded their powers lately but the legislative branch in my opnion have a greater strength to keep the check.

The President is the head of the Executive branch, a bill passed through legislature need Presidents nod to become an act, but then if President veto the bill, the legislature( the congress) can bypass this veto with 2/3rd majority.Here his power is checked by The Congress. The Executive branch also have responsibilities in maintaining foriegn policy and to give executive orders and also to ensure functioning of the federal government.

The legislature constitute of members of Congress and 100 senatores and 6 other non voting delegates.The legislature can pass the act of legislators with majority of votes.

While the judiciary's importance and function is not mentioned explicitly untill 1803, but Marbury Vs Maddison case changed this perspective. Judiciary can check the legislature and executives act's constitutionality. This can gave Judiciary also very important role in Federal government.

In my opnion, legislature is most powerful. Since it can pass the legislatures though effectitng both executive and judiciary as well though within the legality of constitution. The bypassing veto power of President is one such example. The congress can pass legislatures on taxes and subsidies and as well as decides federal spending.

Hamilton in The Federalist Papers in essay no. 78 mentioned the judicial branch of government is without a doubt the weakest branch.

The legal branch doesn't have the ability to act and they can just to pass judgment and executive branch has to convey the decisions or choices out of Congress only. In the Constitution, the "Judicial power" is given to the Supreme Court and to any lower courts that Congress makes, which manages the executive part of government, in any case, the Constitution doesn't characterize or define "judicial power". Be that as it may, it incorporates the ability to hear advances, hold preliminaries, and audit government direct with understanding to the Constitution. Now and again, a court may unjustly treat an individual, yet they can never undermine the person's freedom. Individuals will accept that the legal branch have superiority than the executive branch with regards to mind that power to check constitutionality of legislative acts of Supreme Court.. Hamilton thinks about this contention and states the way that the judiciary act upon only law provided by the Constitution only. Contending that the Constitution isn't above the laws proposes that "the congress are superior to the individuals" and that the Constitution is lower than the government it gave life to.