Tuesday, October 25, 2011

Federalist #78

Important Quotes

  1.  "It 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 is important because it emphasizes the common view that the Judicial branch is the most passive, neutral branch. It does not really have power to make changes until given to opportunity to address them in a court case. 
  2. "...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." - This quote reinforces the idea that the Supreme Court will probably never gain too much power because its sole purpose is to interpret the already-made laws of the Constitution. 
  3. "No legislative act, therefore, contrary to the Constitution, can be valid." - This quote reflects the idea of the checks and balance system because it says that whatever the Legislative branch says does not always go; the other two branches have the ability to overturn their laws.
  4. "They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental." - Judicial rulings are based solely on the Constitutional principles. 
  5. "And that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security."- What does this mean? Is he saying he supports an unlimited term for justices?
Questions for Hamilton:
  1. Would you say that you and Madison tend to share similar beliefs? You seem to be saying that a Bill of Rights is not needed, while Madison is a huge supporter of such a bill.
  2. Do you support the life-long appointment of Supreme Court justices? Why or why not?
  3. What do you mean when you refer to the "independent spirit of the judges?"
  4. What would you say is the main purpose of the federal court?
  5. Should a judge ever apply his or her opinion to the ruling of a case?

1 comment:

  1. "What does this mean? Is he saying he supports an unlimited term for justices?"

    Yes, a lifetime appointment, assuming "good behavior."