Question

Based on Federalist No 78

How did Hamilton envision the strength of the judicial branch of the government?

Where should the government, especially the judicial branch, yield its power?

Has the judicial branch effectively yielded its power? Support your answer.

Answer 1

Hailton envisioned that judicial branch would be the least dangerous branch of the governmen beacause of the nature of their powers. He claims that the executive branch "dispenses the honors" and the legislative branch makes laws to regulate citizzens and that the judicial has no influence over either or control over the wealth of the society. He said that it will derive its independence from the fact that judges will be appointed for life and it will be very difficult to remove them.

B. The government should yield its powers when either it is violating basic human rights of the citizens or if it is encroaching in the domain of other parts of government.

For Judiciary, this means that it should yield its powers when it starts encroaching upon the job of the legislature- which means giving orders that are executive in nature and are established as laws.

C. In the USA the judicial branch has, for the most part, yielded its power effectively. It has only passed judgements contrary to the government when it has felt that basic human rights were being violated. Other than that, it has mostly allowed the legislature and executive to do their jobs independently and has not encroaches on their domain a lot.