Saturday, October 29, 2011

Neither Force Nor Will: Federalist 78


Quotes:
  1.  "It may truly be said to have neither FORCE nor WILL, but merely judgment"
    • I really love this quote, I think it completely sums up the power and proceeding of the Judicial Branch. As I see it the quote is saying that through only judgement the quote will make decision, not for or because of money and strength, but only under justice. I think this quote is important in the understanding of the Judicial Branch, because it shows that the judges are not bound by money, political power, or their party's ideology.
  2. " It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority."
    • I think that this quote shows the purpose of the Judicial Branch and it's role within the system of checks and balances. The quote is also accurate in the fact that the courts are different from the legislature, but also different from the people. Hamilton may possible be hinting to the power of judicial review with in this quote.
  3. " It only supposes that the power of the people is superior to both"
    • I choose this quote because of the mixed opinions i had after reading it. When I read the quote I was unsure if I thought it true or not; in some cases the people have power in choosing the legislators and representatives who run the country, but as citizens we have not direct influence on decision making.
  4. " It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter"
    • I picked this quote because it questions the idea that the judicial courts can never threaten the liberty of our citizens. This quote is very important because of its misconception. Over the years of our existence there have been many instances in which the courts have threatened the liberty of more than just an individual. The greatest example of this would be, Plessy v. Ferguson.
  5. "But it is not with a view to infractions of the Constitution only, that the independence of the judges may be an essential safeguard against the effects of occasional ill humors in the society."
    • I took this quote because I think that it shows Hamilton's feelings toward the Judicial Branch's views of politics and society. I feel that the quote explains how judges must be apart of government, but separated in its own unpolitical category.
Questions for Hamilton:

    1. How would you view the Court that we have today, would you view it as more or too powerful, or would you think that it is now equal to the other branches?
    2. If you were to look at cases from our past would you think any corrupt and biased based on a justice's political ideology?
    3. Do you think that the life term of a justice is an unfair advantage in the case of legislature in the executive department, because of the ability to leave an impression of your views with in the Court?
    4. How would the government deal with a judge taking the liberties of a citizen away?
    5. As a politician do you think that a new Justice should set precedents from the Court's past or should past precedents be ignored?

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