Alexander Hamilton: Judicial Analysis

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In Federalist no. 78, Alexander Hamilton wrote: [Of the three branches of government]”… the judiciary… will always be the least dangerous . . . because it will be least in a capacity to annoy or injure them [political rights]. The judiciary . . . has no influence over either the sword or the purse; no direction either of the strength or of the wealth of society . . . It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments .” After reading what Alexander Hamilton wrote in Federalist no. 78, I agree with what he wrote but I can’t fully agree. The role of the judicial branch is to interpret and apply the laws, and ensure their…show more content…
Given the modern day role of the Supreme Court of interpreting the constitution I can’t fully agree with Hamilton. Hamilton’s assessment is fair but the judicial branch has some power just not to the extent of material value. The judicial branch and Supreme Court has power over an abstract value we call human rights. That is why most Supreme Court cases are very important because when humans come into play cases typically become controversial and are the standard for similar cases. Miranda V. Arizona is one of the most famous Supreme Court cases that decided if one was not aware of his 5th amendment rights prior to his arrest any evidence seized before was obtained illegally. This case did not change the wealth of America or effect purse or sword but it did affect any other case that is similar to it and the way we are arrested in…show more content…
The Framers devoted little time to the creation and also left it to Congress to design the federal judiciary. Since Hamilton was actually a Federalist and most of the other Founders were Federalist as well it is no way they could have imagined that the Supreme Court would ever have this much power. The network of people that Hamilton comprised to create the Federalist Party was business men and bankers. Federalist had an agenda that called for a national bank, tariffs, and a strong national government. It is very obvious from the way Hamilton Spoke in Federalist no. 78 that he didn’t take a care for the judicial system because it doesn’t affect what he is most concerned with, which is the wealth of society. In all actuality I think the Federalist Founders would be surprised by the judicial system if they could see it present day 2012. I think the Founders would be very shocked at how the Supreme Court creates the standard procedure for everyone else in the United States. 1788 which was the year that Hamilton wrote Federalist no. 78 it took about three decades for the Supreme Court to decide an important case. It wasn’t until 1803 when judicial review settled Marbury v. Madison. The Anti- Federalist did see the judiciary as a threat, but the Federalist believed it posed little of the threat of tyranny they feared from

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