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.
1. Alexander Hamilton did end up being correct on how the judicial branch is the least powerful branch in the U.S. government. Yes, I believe and agree with Hamilton that the judicial branch is the least or was the least powerful branch. This is because of its’ lack of court being able to control a military force, unlike the president. Also, it cannot confiscate citizen’s property through taxation. Hamilton believed that the judicial branch was the weakest, but he was careful to point out this belief because he feared a lack of politics and it may have caused fear in the new department.
2. The theme I found that occurred in the Eli Rosenberg article was the power and influence that Trump believed he had during this time. Based on the article and the previous lectures I felt that Trump was violating either a federal law or the constitution. Which would be deemed unconstitutional by the federal court who can then override or overrule the President. A great example of a federal judge or federal district court blocking a president’s action would be when Obama’s administration tried creating a program that would grant lawful status to almost 5 million undocumented individuals. The Obama administration lacked authority in changing a law without some sort of congressional action involved.
3. Those two ideas are crucial to balance in designing the court because judges need independence in the court in order to feel valid in their own decision making. Having accountability in the court will hold the judges accountable for the decisions they make, and this creates a balance in the court in comparison to independence. I believe that both are equal in some ways, and they aren't in others, but I feel that the court leans more independence than they take accountability after. Yet, this may go both ways in the decisions the court makes.