Thursday, October 27, 2011

Federalist Paper # 78

Quotes:
  1. "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 believe this quote means that there is no downside of liberty alone, but it can become a problem when the other branches of the government get involved.
  2. "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 may truly be said to have neither force nor will."- The Judicial Branch cannot take any action or force someone to do anything, it simply interprets the law and relies on society to make their own decisions.
  3. "The standard of good behavior for the continuance in office of the judicial magistracy is certainly one of the most valuable of the modern improvements in the practice of government."- This quote highlights the importance of a Supreme Court Justice serving a life-term on the court. 
  4. "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." - I chose this quote because it elaborates on the fact that the Judicial Branch is the least affected by political parties and is the least controversial because everything they do must be constitutional.
  5. "[The Judicial Branch] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments." - This quote shows that since the Judicial Branch cannot enforce the laws in which they are interpreting, then they must rely on the executive branch in order for the law to be effective.
Questions:
  1. Do you truly believe that the Judicial Branch is the least powerful due to its lack of enforcement?
  2. How does allowing a Supreme Court Justice serve a lifelong term play into the differences among the three branches?
  3. Do you believe that each court should base their decision on current standards and their own beliefs, or use precedents of past courts in making their decision?
  4. Does the act of judicial review give the Supreme Court too much power of the legislative branch in the process of making laws?
  5. Do you believe that the Judicial Branch is the most responsible for protecting the rights of the citizens?

1 comment:

  1. "- I chose this quote because it elaborates on the fact that the Judicial Branch is the least affected by political parties and is the least controversial because everything they do must be constitutional."

    But if the Court literally decides what is constitutional, that is sure to cause much controversy. This seems so obvious today, but apparently it was not when the country was being established.

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