Anti Federalists Analysis

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One important reason the anti-federalists opposed the constitution was because they felt as though the constitution gave immense power to the judiciary. They were heavily concerned about the nature and extent of the judicial powers and the way the judiciary will use the powers vested on them. Anti-federalists like Brutus, believed that the power conferred on the judiciary is too vast. Thereby, making it the most powerful branch of all the three branches. Regarding the nature and extent of judicial powers, Brutus argued that the justices lack accountability. As stated by Brutus (1788), “they are to be rendered totally independent, both the people and legislature, both with respect to their offices and salaries. No errors they may commit can…show more content…
And, this creates room for worry, he fears they would use their powers to ensure federal supremacy over states. Brutus (1788) asserted that “the judicial power of the united states would lean strongly in favor of the general government and give such an explanation to the constitution, as will favor an extension of its jurisdiction” (p.312). Thus, eventually leading to “the destruction, of that of the respective states” (p.315). Moreover, Brutus (1788) felt that the immeasurable extent of judicial powers creates room for abuse of power especially since “they are to be rendered totally independent, both of the people and the legislature, both with respect to their offices and salaries” (p.…show more content…
He argued that they lack the power to act so they are weak. According to Hamilton (1788), they possess “merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments” (p.256). Hamilton (1788) pointed out that the court may sometimes be biased but, “the general liberty of the people can never be endangered from that quarter” (p. 256). In respect to the interpretation of the law, Hamilton (1788) believed that the constitution is “a fundamental law…” (p.257) and, “if there be an irreconcilable variance between the two, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents” (p.257). He is indirectly saying; court’s rulings give back power to the people. So, therefore, they are not superior to the other two branches but rather, as written by Hamilton (1788) “the power of the people is superior to both…” (p.257). Also, Hamilton strongly rooted for judicial review and regards Brutus’ fear against it as a false reasoning based on misconstrue fact. Hamilton (1788) stated that it is the judiciary’s job “to declare all acts contrary to the manifest tenor of the constitution void,” (p. 258) and without judicial review, “all the reservations of particular rights or privileges would amount to nothing” (p. 258). Hamilton (1788) defended the need for the
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