« Discussion 4 (Due 6/25 by 11:59pm)

Discussion 4

3 replies
MB Mary Campbell GP
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1. I think that Hamilton's statement ended up being correct. The judicial branch is the least powerful branch of the three. Even though they are supposed to be equal, that is not how it turned out. This is because the judicial branch has no authority or access over the military or money. However, Legislative and Executive branches have access to these things. Hamilton was careful to point out his beliefs because even though it's weaker, it's still a part of our government. Once you acknowledge weakness, you risk the judicial branch not being seen as legitimate as the other branches. That can be dangerous because it can lead to not seeing it as necessary.

2. A theme I can point out from the article is the Judicial branch is there to make sure even the president's orders are staying within the principles of the constitution. If the law or action is deemed unconstitutional a federal judge has the right to stop it. The article is an example of checks and balances within the government and keeping the executive branch from becoming too powerful. Also, the Court upholding our Constitution and the laws within it. Another example of a federal judge blocking a president's actions is when the Biden Administration ruled that any company with 100+ employees was mandated to get the Covid-19 vaccine. This was shut down by a federal judge and the Supreme Court ruled it unconstitutional. 

3. Independence and accountability are two important ideas in the Court. Independence is essential for the judge/justice to feel confident in their own decisions and to rely on their own expertise without being compromised by outside sources. Accountability is important because while they are making their own decisions, they should be held accountable for them. They should be held to the highest standard possible. I think that the court leans more towards independence.

3 replies
  1. discussion reply
    I agree with your second question about the article relating to checks and balances. the other branches of government need to make sure one branch does not get too powerful and see the best interests of the people. I like how you explained the Biden administration blocking. 
  2. Discussion Reply
    I think that the Judicial branch is the most powerful branch because they have the authority to interpret laws. Even if congress passes a law, it is up to the judicial review as to how the law is enforced. Although the judicial branch has no access to enforcing their decisions, the other branches are able to enforce the supreme courts rulings. I agree with your answer to number two and the idea of checks and balances amaze me because of how in depth they are and the creativity of them are amazing. I also agree with your answer to number three and think that accountability is very important for the courts but also that the court leans more towards independence. Accountability is essential to hold the courts to the highest standard and ensure that the courts decisions are constitutional. I also agree that they are independent which is important so that they can make decisions away from the pressure of the public opinion.
  3. Re: Discussion 4
    I like how you explained checks and balances in number 2. They are crucial in order to make sure that the executive branch does not abuse its power, and that the constitution is being upheld. It is very important that there is a balance of power throughout the government to prevent injustice and the threat of a dictatorship.