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. I do not agree with Hamilton that the Judiciary is the least powerful branch of government. I think that by design and in practice, the branches are all equal. The president has the power to sign or veto legislation, commander the military, enter the country into treaties and power over intercountry relations, and appointment powers, but the president has less power than often thought, has no authority over Congress, and only has the “power to persuade” public opinion. While Congress can enact legislation, it is limited by coordination problems, party conflict, the president’s power of veto, and the court’s power to declare a law unconstitutional. The Judiciary branch can interpret the Constitution and apply it to law, but cannot enforce their rulings. All branches have powers and limitations, and since any cannot function without the other two, I do not think one is the most powerful. I think Hamilton was careful to point out that he believed the judicial branch was the weakest because it has the least contact with the public, and as a Federalist, Hamilton wanted the country to function in great cooperation with the public.
2. The theme of checks and balances is evident in both Rosenberg’s work and our lecture. Trump seemingly wanted unchecked power, but with how our government is designed, that was not possible. The courts were able to stop Trump from having too much executive power by striking down the “sanctuary cities” legislation as unconstitutional. The branches balance each other to prevent one branch from acting for the will of an individual. Another example of when a federal court blocked a president’s action was when the Supreme Court struck down Roosevelt’s ideas to reconfigure the court in order for the New Deal to pass.
3. It is crucial for the Supreme Court to have independence, so the justices can best make decisions based on the Constitution, not an alternate agenda. The Court must also have accountability to ensure they are acting for the best of the country. This creates a balance in the Court’s decision making process. Lifetime appointments make the Court independent from political factors, the passions of the public, and eliminate the focus on reelection. Facing accountability prohibits justices from not acting out judicial review. I believe independence won because today, the courts are often not held accountable by anything other than public opinion, which has not been enough to sway a decision. Justices are also increasingly separated from average Americans due to a lifetime appointment appointed by the president and not the citizens. This makes the Court very independent and not accountable.