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.
I agree with Hamilton that the judicial branch has ended up becoming the branch with the least power in U.S. government. This branch is the weakest, as it has no ability to enforce the decision it makes. Unlike congress, and the executive branch, the supreme court has no authority to mobilize any form of military or police force to carry out enforcement of rulings. The Supreme Court ultimately has no power to act on anything and only the other forms of government have the ability to act on these rulings. I believe Hamilton was so careful to point out the weakness of the judicial branch, as he likely wanted to undermine the power of the branch of government that the people have the least amount of representation in.
From the Eli Rosenberg article I find the theme to be checks and balances that exist within our government. Trump wanted to use executive power to push his agenda, however the Court was able to deny him this deeming it unconstitutional. This illustrates the balance of power across our government and how we are able to ensure that one branch does not become too powerful over others. Another example of this was when the court overruled Trump when it came to him attempting to terminate DACA (Defered Action for Childhood Arrivals) in 2020.
Both Independence and Accountability are essential when it comes to the judicial branch. Independence allows for the court to make decisions based on what best follows the constitution and not having to worry about political influence from elections. Accountability is also important in making sure that justices effectively make decisions that are based on the law and not for political or personal benefit. I think ultimately the court now leans more towards independence than accountability. This is because they are allowed to operate and give rulings without political pressure, while still being held accountable through appointments.
Your answer to the third question was very well worded. The court strongly resembles both, but I also agree that the court leans more towards independence rather than accountability. I also agree that checks and balances are an essential component in our government!