Federalist No. 78 Flashcards

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Questions and Answers

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?

True

What is, in your opinion, the most dangerous branch?

The Legislative Branch

Provide proof for your view on the most dangerous branch.

The legislative branch makes and passes laws, and Congress can override presidential vetoes. Signup and view all the answers

What does Hamilton mean by 'the sword' and 'the purse'?

The sword is enforcement and the purse is money from Congress. Signup and view all the answers

Explain the significance of 'FORCE' and 'WILL' according to Hamilton.

Force is the executive branch enforcing decisions and will is what the judiciary wants to decide. Signup and view all the answers

What does it mean that the judiciary must depend on the executive for the efficacy of its judgments?

The judiciary depends on the executive branch, even if the judiciary desires something to be done. Signup and view all the answers

Do you think Hamilton is correct regarding the judiciary's position?

True Signup and view all the answers

How much power would the judiciary have without an executive branch?

They would have more power than the legislative. Signup and view all the answers

Do you agree that the judiciary is the weakest power according to checks and balances?

True Signup and view all the answers

What does independence mean for the judiciary?

Independence means the freedom for the judiciary to make the decisions they please. Signup and view all the answers

What is Hamilton arguing for regarding the judiciary?

Hamilton argues that the power given to the judiciary keeps the checks and balances fair. Signup and view all the answers

What would likely happen if we had elections for Supreme Court Justices?

It would be bad because elected judges may become corrupt. Signup and view all the answers

What practice of the federal courts does Hamilton's argument support?

Federal courts cannot pass bills since they are an independent branch. Signup and view all the answers

According to Hamilton, when laws and the constitution collide, who wins?

The Constitution ought to be preferred over the statute. Signup and view all the answers

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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Description

Test your understanding of Federalist No. 78, where Alexander Hamilton discusses the role of the judiciary in protecting rights. These flashcards will challenge you to interpret Hamilton's key ideas and concepts in a concise manner.