Federalist Questions

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In Federalist #78, the framers argued that the “judiciary” branch of the proposed U.S. government would be “beyond comparison the weakest of the three departments of power” (Hamilton 2). The framers viewed the position of the judiciary as the leas threatening branch of the U.S. government because it was the branch with “least in a capacity to annoy or injure” Constitutional rights (Hamilton 2). The framers viewed the judiciary branch in this manner because the judiciary had no claim to the sword of the community like the executive branch nor the purse of the community as the legislative branch did. Instead, the only power granted to the judiciary branch was judgment, the determination of whether or not any act of the U.S. government was in keeping with the Constitution. As Hamilton writes the judiciary “duty...must be to declare all acts contrary to the manifest tenor of the Constitution void” (2). As such, the framers viewed the judiciary as the branch of government with the least potential to pose a threat to U.S. society. Federalist #78 also makes provisions that will bolster the efficacy and remove personal motive in justices when it comes to determining Constitutionality of legislation, such as advocating “permanent tenure” (Hamilton 4).

The Supreme Court has adopted powers over the past century that have not necessarily been granted it by the Constitution. In the case of Marbury v. Madison (1803), Chie

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officials and citizens continues to decline. Today’s parties include conflict and factions within their own ranks. Many perceive the two main parties – Democrat and Republican – as being equally guilty of failing to address the real needs that citizens think important. The influence of moneyed interests in shaping legislation and the agendas of political parties has also contributed to their erosion. Further, people continue to find new ways to express their interest in public life and decision making. Along with this trend has been a shift from the traditional representative democracy to one that is participatory with more citizens demanding significant interface with elected officials in terms of input, decision-making and policy-making. Unfortunately, as long ago as 1787, Hamilton and the framers repeated a lament about the inefficacy of political parties that is a true now as it was then. In Federalist #10 the framers confess, “Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is often disregarded in the conflicts of rival parties, and that measur
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Some common words found in the essay are:
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Approximate Word count = 1507
Approximate Pages = 6 (250 words per page)

Federalist Questions

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