1. "Whoever attentively considers the different departments of power must perceive, that, in a government in which they 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 a capacity to annoy or injure them."
Hamilton believes the judiciary branch will be the weakest of the three.
2. "And it proves, in the last place, that 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."
I think Hamilton is saying that the judiciary branch wouldn't have enough power to take away people's liberties unless it worked with the legislative or executive branch to do so.
3. "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."
Members of the judiciary branch hold office unless they do something wrong.
4."The complete independence of the courts of justice is peculiarly essential in a limited Constitution."
The Judiciary branch shouldn't be influenced by the other two branches.
5."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."
Judical decisions should be made based on the Constitution.
Questions for Madison:
1. Do you think the Judical branch is still the least powerful?
2. Do you think the supreme court justices holds more power than originally intended?
3. What would you consider "good behavior" of the justices?
4. Do you agree with the way the Judical branch runs today?
5. Are justices biased to their political beliefs over the Constitution.?
"I think Hamilton is saying that the judiciary branch wouldn't have enough power to take away people's liberties unless it worked with the legislative or executive branch to do so. "
ReplyDeleteWhat's your reaction to this idea?