Write a reflective response (4-5 sentences each) to each of the three prompts below.
1. In Federalist 78, Hamilton goes to great lengths to point out that the judicial branch was the least powerful branch. First, assess how correct Hamilton ended up being about this. Is the Judiciary the least powerful branch? Second, why do you think Hamilton was so careful to point out his belief that the judicial branch was the weakest?
2. In, “Federal judge blocks Trump’s executive order on denying funding to sanctuary cities,” Eli Rosenberg documents a federal judge’s ruling against a Trump Administration executive order that would divert federal funding from “sanctuary cities.” What themes from Tuesday’s lecture and the reading for this week can you identify in the article? In what ways are the events, actions, and items in the article examples of what we’ve talked and read about regarding the judiciary? Can you think of another example when a federal judge blocked a president’s action?
3. In lecture, and a bit in the text, the idea of balancing the independence and accountability of the Court was discussed. Why are those two ideas crucial to balance in designing the Court? Ultimately, which of those two won? Does the Court lean more towards independence or accountability?
To add your reply, click "add a new discussion topic," type your response to each of the questions, and then make sure to click "post to forum." Then, check out some of your fellow classmate's responses and make sure to reply (as discussed in the syllabus) to at least two of your classmates' responses before 6/25 by 11:59pm.
Personally, I believe that Hamilton is mostly right. The only true power the judiciary branch holds is the power of judicial review. The executive branch has control over the military forces and has the final say on most things. This includes actions overseas and in the country. The legislative branch, better known as congress, is in charge of anything and everything requiring money. The judiciary branch may make the decisions, but they do not have the power to carry them out. These decisions can only be implemented through the executive branch. I think Hamilton was careful in carrying out his belief because government under the Articles of Confederation did not contain this type of branch. The judiciary branch was new to everyone.
To me, the general theme of this article has to do with judicial review and the checks and balances system. Specifically, how each branch has their own role in this system. This article was about tyranny and how the other branches have their own powers that can resist this type of tyranny. In this case, the president made an executive order in which the courts interpreted as unconstitutional, declaring that spending control was a responsibility on Congress. A president might have some power, but they cannot act on their own agenda without having to go through other branches. An example of this from the past is the Marbury v. Madison case. Adams was checked by the creation of judicial review which now is used to check all branches.
In my opinion, accountability, and independence work hand in hand. Independence is needed in order for justices to make decisions based upon their own judgements, and not someone else’s agenda. This independence helps judges make hard choices based off of what is needed for America and not personal gain. Accountability is needed to improve integrity. This leads to actions that are constitutional and strays from actions made through politics. Although I am not super court savvy, I believe that both are equally as important and vary in use depending on the situation at hand.
In your answer to the first question, I like how you listed each branch and the description of what each is responsible for. I also agree that accountability and independence work hand in hand with each other to benefit the Supreme Court. I also liked how you mentioned he was careful because the Articles of Confederation lacked a judicial branch.