Goverment 1 Course - Canon Text Question

Cortez Taylor

December 8, 2007

Govt 1-web section

Insight #2- text: Canon 39 Question 1

(Text -C39: Question no. 1)Hamilton states "It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power" was Hamilton right?

For hundreds of years the forefathers of the United States of America had been undertaking the task of creating and constantly amending a constitution that all men shall abide by. Alexander Hamilton, along with other contributors of the constitution, created essays which are better known as the federalist papers. These documents were created as a form of mutual interpretation and moral assurance between the government and its citizens with one major objective, to gain and retain the trust of the citizens. In Federalist 78, written by Alexander Hamilton, the neccesity of the existence of a judiciary department, that was to be the instituion that would ultimately protect individual liberties from government, was thoroughly explained. Hamilton layed out a blue print of what he describes as a swordless department that is based on verbal instruction lacking any means of muscle or great authority. Hamiltons assertion of the judical branch has been proven false, the judicial branch has broken its shackles of limited judgement and has brought fourth critical changes socially and politically.

The judiciary department's main function is the interpretation of law and the judging of laws given a present context and conditions. This department differs greatly from the executive and legislative branches, due to a lack of muscle that the executive branch controls and the use of money being restrained by the legislative branch, the judicial branch seems fairly un-forceful. However what may appear as a department lacking "force or will", beneath the surface the potential and the ability to judge and interpret law can not be under estimated. Hamilton in the federalist 78 document lays out the function and internal processes of the judicial branch in such a way that it appears as though all the branch can do is judge. Despite Hamilton's view of the judicial system, in recent times the courts have decided who shall be the next president and has has shown to posses the powers of the legislative branch. Hamilton said "The interpretation of the laws is the proper and peculiar province of the courts. 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." Hamilton attempts to convince the citizens that the judicial branch is suppose to function based on laws set forth by the legislative branch, however, with controversial issues or judgments that deal with moral or ethical issues, that can't be determined on pre-existing laws, the rules change. As pointed out in Chapter 15 of the Ginsberg text, revolutionary decisions pertaining to; schools, religious beliefs, and race display the power in the courts that Hamilton underminds. That substantial power makes the courts at times seem more like a democratic process than a decission made by the people. The transformation of power in the judiciary, to amend the constitution and make new laws, surpassing its initial purpose of judgment under confined influence, is more a possibility than what Hamilton conveys. The problem with the courts possesing this power lies within the appointment