Preview

Brutus

Good Essays
Open Document
Open Document
249 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Brutus
A. Brutus’s argument is the explanation of the Constitution relies on the judges. Brutus implies the Constitution is solely interpreted by the Senate judges and this is a problem because the interpretation is not guaranteed to be completely true and no power is above the judges that can correct it.
B. Hamilton claimed the judiciary had no influence on society. Unlike the other two branches, the judiciary had no influence and could not obtain the strength or wealth of the society.
C.
D. According to Hamilton, the judges of the Senate have the authority to judge the constitutionality of federal laws.
E. Hamilton denies the court being able to construe the laws according to the spirit of the Constitution.
a. The ideal that the Constitution ought to be the standard of construction for the laws, whereby laws shall be in accordance to the Constitution.
F. The Supreme Court’s power relies on judicial power and shall extend to all cases in law and equity.
G. The Supremacy Clause of the United States Constitution supports Hamilton’s argument on the terms of the judges within the Senate hold the most power, thus leaving the judiciary with minimal power while the legislative enforces the laws.
H. The powers Section 13 gives to the Supreme Court is the power to issue writs of mandamus in cases and usage of law.
I. Thomas Jefferson suggests the several states who formed the Constitution have the authority to judge the constitutionality of federal laws.
J.

You May Also Find These Documents Helpful

  • Good Essays

    c. The branches need some limited power of the other branches to protect themselves from encroachment of the other branches (Federalist 51)…

    • 470 Words
    • 2 Pages
    Good Essays
  • Good Essays

    This paper will argue the Supreme Court from 1790 until 1857 emerged as the most powerful branch in several ways: some history of the early Supreme Court, the emergence of a strong super star, discussion of the landmark cases that illustrate their power, and end with a remarkable decision rendered by the Supreme Court in 1857.…

    • 1138 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Work Choices Case

    • 4012 Words
    • 17 Pages

    Booker, Keven, Glass, Arthur and Watt, Robert, Federal Constitutional Law: An Introduction (2nd ed, 1998)…

    • 4012 Words
    • 17 Pages
    Powerful Essays
  • Powerful Essays

    51 and essay No. 78, in which Alexander Hamilton discusses the limits of judicial review. Federalist essay No. 51 essentially addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government. It emphasizes that “all hands be essential to the preservation of liberty” and that each department “should have a will of its own” (No.51, Madison). That being said, the document does addresses the fact that “in a republican government, the legislative authority necessarily predominates” (No.51, Madison). The view that the legislative branch holds dominate power is also evident in chapter thirteen of the Second Treaties of Government, where it is written that “legislative is the supreme power”, but the branch should “consist of several persons”, which the “power of assembling and dismissing” the legislative positions are “placed in the executive”, not with the intent of giving the “executive superiority over it”, but to act as a “fiduciary trust” essentially creating a system of checks and balances (Sec. 150, 153 and 156, Locke). The system of simple checks and balances demonstrated in Locke’s treaty is an evident influence in No. 51 essay of the federalist papers, who, uses the idea of restricting naturally dominate parts of government, by “[dividing and arranging]…subordinate powers” to keep, each division “sentinel over the public rights” (No.51, Madison). Other documents that make up the Federalist pamphlets, such as Hamilton’s No. 78, describes the restriction placed on the judiciary department. Hamilton writes that within judiciary action no legislative act “contrary to the constitution can be valid”, an…

    • 1213 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    1. Which of the following statements reflect the constitutional structure within the Articles of Confederation (1781-1789)?…

    • 868 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    · The judicial system needs to have power over Congress in order to do its job. (Bad example)…

    • 424 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    "He who will not reason is a bigot; he who cannot is a fool; and he who dares…

    • 934 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    On May 28, 1788 Alexander Hamilton wrote the Federalist 78. He stated “The Judiciary…has no influence over the sword or the purse… it may be truly said to have neither force nor will, but merely judgment… the judiciary is beyond comparison, the weakest of the three departments of power…” This statement has only grown more valid with each passing year due to biases and inefficiency.…

    • 2030 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    In your educated opinion, is the Judiciary really the weakest branch of government? Explain your answer. Has the Court gained or lost power over time? How would Hamilton respond to your argument?…

    • 1401 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Judiciary Branch

    • 1492 Words
    • 6 Pages

    The judiciary branch of the United States’ government is comprised of a system of courts, on both federal and state levels, which are used to bring justice to cases between citizens of the States. The power of judicial review gives the courts the authority “to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional” (Ginsberg). It’s interesting that the branch that works to uphold the laws of the U.S. Constitution is sometimes viewed as the “least dangerous branch” of our Government. Referring to writings such as Federalist 78 (by Alexander Hamilton) and Brutus 12 (by James Madison), clears up exactly what the judiciary was set up for, why it is important to have in our Government system, and how it might affect the other branches, the executive and legislative. It is clear while reading the works that the two writers have opposing views. Therefore, it is crucial to study both works and compare their ideas to our current Judiciary to understand how our country has undergone changes within the system.…

    • 1492 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    International Law Notes

    • 26957 Words
    • 108 Pages

    judicial decisions and the teachings of the most highly qualified publicists of the various nations as subsidiary means for the determination of the rules of law…

    • 26957 Words
    • 108 Pages
    Powerful Essays
  • Good Essays

    Ethics and Law

    • 1385 Words
    • 6 Pages

    8. The Constitution: Is the supreme law and all the other laws must be in line with it.…

    • 1385 Words
    • 6 Pages
    Good Essays
  • Good Essays

    The Constitution and the government it created were to be the “supreme law” of the land; no state would have the authority to deny it.…

    • 1246 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    essays,course notes

    • 277 Words
    • 2 Pages

    Mode of submission: Please submit a hard copy to Ms Morgini Ramen AND soft copy to assign@open.ac.mu…

    • 277 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Llb Exam Paper

    • 360 Words
    • 2 Pages

    4. ‘The emphasis on diversity in the judiciary is unnecessary. The culture of any judiciary is by nature conservative and there is no evidence that an unrepresentative judiciary would or does come to different decisions than a representative one.’…

    • 360 Words
    • 2 Pages
    Satisfactory Essays