Monday, October 31, 2011

Federalist number 78.

Quotes:
1.) "According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices DURING GOOD BEHAVIOR; which is conformable to the most approved of the State constitutions and among the rest, to that of this State."
Judges appointed cannot have too many marks against them and be generally well-behaved.

2.) "The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government. In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws."
This quote outlines the importance of having good behavior in a major public office. It's a judge's job to serve society, and society should be represented by a well-behaved person.

3.) "The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."
The Judicial Branch should be the weakest of the three, because they are unable to make decisions for the country or start anything drastic. The goal of the judiciary branch is to keep the other two branches from getting too powerful.

4.) "It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their WILL to that of their constituents. 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."
The Judicial branch was designed to keep the people happy, so that the citizens of the US could challenge a ruling made by the legislative branch. Congress can't just impose a ruling onto the people.

5.) "Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former."
People, the citizens, are the ones who are really in charge of the government. In Hamilton's ideal form of government, the government would live to serve the people.

Five questions:
1.) Did Hamilton ever have an inkling that things in this country could ever get so out of hand?
2.) Does Hamilton's idea of the Constitution allow for the expansion of the ideas involved in governing the country?
3.) What would Hamilton say about the modern day Judicial branch?
4.) Do the people have as much as a say in government as Hamilton thought they should?
5.) Do people realize that the Judicial Branch is less powerful than the other two branches?

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