AP Gov Fed 78

Quotation

Analysis

“…in a government in which they [departments of power] are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in capacity to annoy or injure them” (287).

What does “least dangerous” mean?

The least likely way for Government power to be abused by any individual is due to the separation of powers. 

“The judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks” (288).

What system is Hamilton describing?  Why does it matter that the judiciary is the weakest branch of government?

Hamilton is talking about how the judicial branch checks the other branches. He is essentially saying they are the weakest branch, and to accurately check any of the branches, they need to team up with another branch. This matters because instead of the check system being equal among the three branches, this branch has less of a check on the legislative and executive branches. This means that if those two branches teamed up and abused their power, the judicial branch can do nothing about it.  

“the general liberty of the people can never be endangered from that quarter [judiciary]; I mean so long as the judiciary remains truly distinct from both the legislature and the executive…liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments…” (288).

What does Hamilton mean in this quotation?  When does the judiciary threaten liberty?

Hamilton is saying that the judicial branch doesn't have enough power to abuse their power by themselves, but if they were to pair up with the executive or legislative branch. They would have enough power to overthrow the government. 

“from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate branches; and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be just regarded as an indispensable ingredient in its constitution, and, in great measure, as the citadel of the public justice and the public security” (288).

What does Hamilton mean in this quotation?  What is the biggest threat to the judiciary?

Hamilton states that the biggest threat to the judiciary system is its being overpowered or influenced by other branches. This can mean the legislative and executive branches working together to overthrow the judicial branch. It could also mean the president appointing justices in their like-minded interests to rule cases in favor of the president, leading to influence from the executive branch in the judicial process. 

Quotation

Analysis

“There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void.  No legislative act, therefore, contrary to the Constitution, can be valid.  To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves, that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid” (288-289).

What does Hamilton mean here?  

Hamilton is explaining that without judicial oversight to prevent unconstitutional bills, the government would be violating the people themselves because they would violate the very document everyone agreed to. The Constitution was made to set up guidelines for the government. 

“If it be said that the legislative body are themselves the constitutional judges of their own powers and that the construction they put upon them is conclusive upon the other departments it may be answered that this cannot be the natural presumption where it is not to be collected from any particular provisions in the Constitution” (289).

Why can’t the legislature judge the constitutionality of the laws it passes?

Because they are biased and want the bill to pass, they aren't necessarily going to take into consideration the constitutionality of the bill; they are going to look at how the bill will benefit them or the people they represent 

“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” (289).  

What is the role of the courts?

They are to act as the step before anyone goes to the Supreme Court justices. This was created so that they wouldn't get overwhelmed with large case loads. It allows for smaller cases to get immediate attention instead of having to wait years for a hearing through the Supreme Court. 

“A constitution is, in fact, and must be regarded by the judges as, a fundamental law.  It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.  If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or , in other words , the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents” (289).

Why should the Constitution take precedence over laws passed by Congress?

The Constitution needs to take precedence over laws passed by Congress, because the laws are ever-changing, but fundamental rights never change. The Constitution is the basis for the government, and the unalienable rights of each citizen have and should be protected at all costs. 

Quotation 

Analysis

“The independence of the judges is equally requisite to guard the Constitution and the rights of individuals from the effects of those ill humors which the arts of designing men, or the influence of particular conjunctures, sometimes disseminate among the people themselves, and which, though they speedily give place to better information, and more deliberate reflection, have a tendency, in the meantime, to occasion dangerous innovations in the government, and serious oppressions of the minor party in the community” (289-290).

What can independent judges protect us from?

Independent judges, who are defined as impartial judges not within the government branches, protect us from many things. This can include knowing the case better and having more time to look through all the information. A quicker trial date and more deliberation on the sentencing. 

“yet it is not to be inferred from this principle [that the people can abolish an unjust government] that the representatives of the people, whenever a momentary inclination happens to lay hold of a majority of their constituents incompatible with the provisions in the existing Constitution would, on that account, be justifiable in a violation of those provisions;” (290).

What is the relationship between the Constitution and the majority faction?  How do judges fit into this relationship?

The relationship between the constitution and the majority faction is that when a majority faction believes that the rights the constitution gives them aren't being upheld, they have the right to overthrow the government. Judges fit into this relationship by not punishing or sentencing individuals involved in the uprising, for the constitutionality to be upheld. Judges can also help prevent major violations of rights by deeming laws constitutional or not. 

“But it is easy to see that it would require an uncommon portion of fortitude in the judges to do their duty as faithful guardians of the Constitution, where legislative invasions of it had been instigated by the major voice of the community” (290).

What does Hamilton mean here?  

Hamilton is saying that judges have to work together and do their job solely to uphold the Constitution.