Podcast
Questions and Answers
Translate the quote by Hamilton into a 140-character Tweet.
Translate the quote by Hamilton into a 140-character Tweet.
The judiciary branch cannot physically enforce a law without the Executive/Legislative.
Do you agree with Hamilton that the judiciary is the least dangerous branch?
Do you agree with Hamilton that the judiciary is the least dangerous branch?
True (A)
What is, in your opinion, the most dangerous branch?
What is, in your opinion, the most dangerous branch?
The Legislative Branch
Provide proof for your view on the most dangerous branch.
Provide proof for your view on the most dangerous branch.
What does Hamilton mean by 'the sword' and 'the purse'?
What does Hamilton mean by 'the sword' and 'the purse'?
Explain the significance of 'FORCE' and 'WILL' according to Hamilton.
Explain the significance of 'FORCE' and 'WILL' according to Hamilton.
What does it mean that the judiciary must depend on the executive for the efficacy of its judgments?
What does it mean that the judiciary must depend on the executive for the efficacy of its judgments?
Do you think Hamilton is correct regarding the judiciary's position?
Do you think Hamilton is correct regarding the judiciary's position?
How much power would the judiciary have without an executive branch?
How much power would the judiciary have without an executive branch?
Do you agree that the judiciary is the weakest power according to checks and balances?
Do you agree that the judiciary is the weakest power according to checks and balances?
What does independence mean for the judiciary?
What does independence mean for the judiciary?
What is Hamilton arguing for regarding the judiciary?
What is Hamilton arguing for regarding the judiciary?
What would likely happen if we had elections for Supreme Court Justices?
What would likely happen if we had elections for Supreme Court Justices?
What practice of the federal courts does Hamilton's argument support?
What practice of the federal courts does Hamilton's argument support?
According to Hamilton, when laws and the constitution collide, who wins?
According to Hamilton, when laws and the constitution collide, who wins?
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Study Notes
Hamilton's Perspective on the Judiciary
- The judiciary is perceived as the least dangerous branch, lacking means to enforce laws without executive or legislative support.
- The "sword" represents enforcement power, while the "purse" refers to financial resources controlled by Congress.
Legislative Branch Authority
- The legislative branch holds significant power by making and passing laws, able to override presidential vetoes with a majority vote.
- If the judiciary existed without an executive branch, it would hold more power than the legislative branch.
Judiciary's Dependency
- The effectiveness of judicial decisions relies on the executive branch for enforcement, emphasizing the interconnectedness of the branches.
- True independence means the judiciary operates freely in decision-making without external pressures.
Role of Permanency in Office
- Hamilton argues for a permanent judiciary to ensure its firmness and independence from political shifts and pressures.
- This independence is crucial for maintaining checks and balances within government.
Consequences of Electing Judges
- Electing Supreme Court Justices could lead to corruption, as elected judges may be influenced by popular opinion rather than impartial justice.
Independent Court Functions
- Federal courts, as independent bodies, ensure limitations on legislative authority, preserving constitutional rights against potential legislative overreach.
- Courts are tasked with declaring any acts contrary to the Constitution as void, safeguarding rights and privileges.
Constitutional Supremacy
- In conflicts between statutory law and the Constitution, the Constitution holds superior authority, reinforcing the rule of law and intention of the people over legislative bodies.
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