Federalist Paper

1078 words - 5 pages

Throughout Federalist #78, Alexander Hamilton discusses the importance of having a judiciary branch and the power of judicial review.
An important consideration throughout the decision of having judiciary review was appointing the judges and deciding on the tenure in office. There was high concern about these judges being unelected and serving for life. People thought this would lead to them being more corrupt and less likely to base their decisions around what the people really want and need. There would not be a huge check on them, and they would never have to face re-election, so would not have to focus on keeping everyone happy with them in their position. However, Hamilton argued that ...view middle of the document...

The judicial branch has no power to act on its own, nor does it have the power to enforce what it does. Even when a law is quite clearly unconstitutional, they cannot just step forward and act upon it; they first have to wait to see if someone else takes action. On the chance that they do get to declare a law unconstitutional, they do not have the ability to enforce that declaration. They need the president and the executive branch to enforce the court’s ruling. When originally proposing the idea of a federal court system, opponents complained that this could endanger the power of the legislative branch. Hamilton reminds everyone that the highest law of the land is the Constitution, and that the Constitution will always hold power over the people and the law-making officials placed in that position. The courts would be there merely to interpret the laws and to place the Constitution higher than any laws that may be passed. Congress is who is allowed to pass laws and policies, while the court’s only job is to interpret and determine the Constitutionality of such laws. The judicial branch also does not hold the power of the purse or the power of the sword. They cannot declare war or impose taxes, as the other branches can do. In proving the lack of so many essential powers, Hamilton shows that the judicial branch would in no way be a threat to any other part of government, and would only be able to benefit everyone.
If the judicial branch is so powerless, then why do we need it? While this branch does not have many powers on its own, especially in comparison to the other two branches of government, it does play a very important role. The Constitution clearly establishes the need for courts outside of Congress, which would be these courts of the judiciary branch. Judicial review is also a barrier against the potential of too much democracy. Many people could believe that a law should be in place, but that does not make that law Constitutional, which judicial review would determine and act upon. In this regard, as it upholds the Constitutionality of various laws and policies, Hamilton proves that...

Find Another Essay On federalist paper

A Presidential Look: John Adams - The Only Federalist President This is a paper about the presidency of John Adams. It covers his economic, foreign, and domestic policies

1225 words - 5 pages Matthew HelmA Presidential Look:John Adams - The Only Federalist PresidentJohn Adams was the second president of the United States of America. Over his term as president, Adams had to deal with many conflicts centered on the political climate, the economy, and foreign and domestic affairs.During the presidential campaign of 1796, Adams was the presidential candidate of the Federalist Party with Thomas Pinckney as the second most popular

The Federalist Essay

1235 words - 5 pages delegation, New York. In the first fact that Coenen includes in his paper is that: “In fact, the essays were written for publication in New York newspapers, and those newspapers did not identify the essays as The Federalist Papers. Rather, the essays were preceded by headings that read “The Federalist, No. 1,” “The Federalist, No. 2,” etc. During 1788, two book volumes that collected the essays appeared. (The first volume, published on

The Federalist/Anti Federalist Debate

1951 words - 8 pages 1/7 U.S. Government and Politics - Prof. Struening and Prof. Shuster. 09/30/2014 Marie PICHARD - Exchange student The Federalist/Anti-Federalist Debate - Paper After the Declaration of Independence of 1776, it became obvious to write a text to fix the rules of the new government. Thus, the articles of Confederation were established in 1777. A weak central government was created so that the states kept the majority of the power. But the articles

Federalist No.10

840 words - 3 pages ReschZach ReschRhetorical AnalysisMrs. SabourinB7 - November 5thRhetorical Analysis of Federalist No.10 by: James MadisonIn Federalist No.10, James Madison explains why a democratic-republic is the right form of government that America should use to suppress the creation of factions. He explains his view through logos, ethos and metaphors. The document was written originallyIn Madison's Federalist 10, one part of his argument was based off of

Federalist Vs. Antifederalist

1020 words - 4 pages Anna Lubert A30207074 IAH 201 Section 69 Paper #1 Federalists vs. Anti-Federalists When America first declared it's independence from England worry and concern about the countries government was widespread. In response to the fears, Jefferson, the leader of the Republican Party, gave these comforting words; "The loss by the transportation of commodities across the Atlantic will be made up in happiness and permanence of government (Thomas

Federalist

1532 words - 7 pages Federalist No. 10 and No. 51 were a series of essays written by James Madison, arguing for the ratification of the U.S Constitution. Before the ratification, the Articles of Confederation only bounded the thirteen colonies, uniting them as military alliance rather than a cohesive government. The central government lacked authority; the national government could not collect taxes or force states to comply with their laws. The lack of a strong

Evaluation of The Federalist Papers

1226 words - 5 pages A new country, a government not properly established and so many ideas and model on how the government should look like whose idea is to be chosen. During the time that the federalist paper was written, there were many group out there not just the federalist but also the anti-federalist, the brutes and the centennial. Everyone having their own ideas and counters for each other’s argument. The federalist paper was somewhat a model on hut that

Federalist Papers 10 and 51

825 words - 4 pages this type of government was the best choice for the United States of America. The Federalist Papers were used to persuade the people to accept the new constitution. The people for the United States Constitution were known as Federalist, while people opposing the Constitution were known as Anti-federalist. To persuade the Anti-Federalist, James Madison wrote Federalist Paper number ten explaining a weakness with the Articles of Confederation

The similarities and differences between the Federalist and Anti-Federalist papers

989 words - 4 pages entirely with the new Constitution. They were written by many different authors. Although, some of the more popular Anti-Federalists were Patrick Henry, John Hancock, Sam Adams, etc. They were also 85 Anti-Federalist papers. Much like the federalist papers, they Anti-Federalists adopted the name “Brutus”. In Federalist Paper No. 6, one of the points it discussed was that it is dangerous if the states were left to rule themselves, with no government

How the federalist and anti-federalist papers led to the ratification of the articles of confederation

1358 words - 5 pages September 1787, an article was published in a New York paper. The article was an anti-federalist article written by an author who went under the pen name Cato. Cato was suspected to be George Clinton who served as vice president under James Madison and Thomas Jefferson. This was the first articled published trying to convince the people of the United States that there was no need to ratify the constitution. This began a long feud between

federalist vs. anti-Federalist

985 words - 4 pages Rosina Christian September 28, 2014Professor: McFallPOL 204The Ant-Federalist and the Federalist have had debates during the ratification of the Constitution. These debates have shaped are Constitutional rights. These Federalist and the Anti-Federalist have argued on each side claiming that they "won" their debate. The Anti-Federalist believed in making a Constitution that people can see what there rights were. The Federalist supported National

Similar Essays

Federalist Paper

662 words - 3 pages The Federalist Papers written by Alexander Hamilton, argues that for the US to succeed it needs to become a Union with a centralized government and must become a confederation in order to succeed. He makes a strong logical argument and I ultimately feel he was correct and I am very thankful that he and many others made sure we did not become a confederation. In the seventh paper of the Federalist Papers his main points are that confederations

Alexander Hamilton’s First Federalist Paper

1086 words - 4 pages Alexander Hamilton’s First Federalist Paper Alexander Hamilton’s first Federalist Paper endorses ratification of the proposed constitution. His unifying point is that the use of reason—in the form of the people’s "reflection and choice"—will lead to the truth, whereas their use of passion will lead to ruin. Hamilton attempts to persuade his readers to make the correct decision by reminding them of the sheer importance of the matter. He

Federalist Paper #74

602 words - 2 pages The Federalist Papers in this section are about the roles of the President. Included in these roles is the president's right to pardon. There have been several instances where a president has used his right to pardon, whether it was right or not. Generally speaking, for cases of principle, the president should have the "assent of one, or both, of the branches of the legislative body" (Hamilton, 423). As president, he has the right

Constitutional Law: Federalist Paper Analysis

635 words - 3 pages In “Federalist No. 39”, James Madison sets to outline and discuss how the planned Constitution conforms to the American view of Republican principles. In doing so he establishes that the decided form of government, post-Revolution, will be Republican in nature and that “If the plan of the convention, therefore, be found to depart from the republican character, its advocates must abandon it as no longer defensible”. Madison asks what