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Fed 78

Questions

  • What must be included in the structure of the judiciary?

    In Federalist No. 78, Alexander Hamilton emphasizes the need for judicial independence, primarily through life tenure for judges, to protect them from external pressures and ensure their impartiality. He argues for the judiciary's power of judicial review, which allows courts to nullify laws that conflict with the Constitution, upholding the rule of law and constitutional supremacy. Hamilton also insists on adequate compensation for judges, which cannot be decreased during their tenure, to further safeguard their independence from the legislative and executive branches. These elements are crucial for a judiciary that can act as an effective check on the other branches of government, ensuring a balanced and fair governance system.

  • How does Hamilton support his argument that the judicial branch would be the least powerful of the three branches?

    Hamilton argues that the judiciary is the least powerful branch of government because it lacks the force and will to impose its rulings, possessing neither the power of the purse nor the sword. It relies on the executive branch to enforce its decisions and the legislative branch for its funding. The judiciary's main function is judgment, making it less prone to abuse its power since it can only interpret laws, not create or enforce them. This structure, Hamilton argues, ensures the judiciary acts as a guardian of the Constitution and the rights of individuals, rather than a threat to liberty.

Critical Thinking Question

  • The primary goal of life tenure is to insulate the office holder from external pressures and create an independent judiciary. Once appointed by the president and confirmed by the Senate, federal judges have a life tenure during good behavior. The life tenure of a federal judge is a unique feature of the federal judiciary other countries of state governments rely on term limits, mandatory retirement age, or both. Should the Supreme Court justices serve limited terms or would you agree with Hamilton explain the reason for your opinion.

    The debate over life tenure for Supreme Court justices involves balancing judicial independence with concerns about accountability and adaptability. Hamilton's advocacy for life tenure emphasizes the need for a judiciary free from political pressures, ensuring decisions are based on legal principles rather than fleeting popular or political demands. However, the evolving nature of society and law might argue for the benefits of limited terms, such as refreshing the court with new perspectives and aligning its composition more closely with current societal values. Ultimately, preserving judicial independence is paramount, but incorporating mechanisms for greater accountability or periodic renewal without compromising this independence could address concerns associated with life tenure.