Influences on Judicial Power

Topics: Separation of powers, Supreme Court of the United States, United States Constitution Pages: 4 (1474 words) Published: March 10, 2005
Influences on Judicial Power

Under Article III of the Constitution the judicial branch was established, but rather implicit in proportion to the other two branches of government. This ambiguity allocates various opportunities for interpretation of judicial power. In Federalist 78, Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power or judicial review. Chief Justice John Marshall, in his ruling of Marbury v. Madison, established the principle of judicial review advocated by Hamilton in the Federalist Papers. Originally designated as the weakest of the three branches in government by the framers of the Constitution, the Judiciary has accumulated an increase in political influence through judiciary review and has proven to be an essential institution in the separation of powers as well as an active participant in the system of checks and balances.

According to Hamilton in Federalist 78, the judicial branch has the least amount of power among the three branches of government. The Judiciary is "the weakest of the three departments of power, that it can never attack with success either of the other two" (Woll, 410). The enumerated powers of Congress include the authority to collect taxes, borrow money, regulate commerce, and pass federal law. These assigned powers permit Congress to control the economy and regulate the public by adopting legislations. The Executive branch has the power to enforce laws, negotiate treaties, and accept ambassadors. Possessing these powers along with being the Commander in Chief of the armed forces, the President is capable of leading the federal government through perils pertaining to the public. The Judiciary "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...
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