Discussion 4
1. To Hamilton, the judiciary system was just a check and balance to the legislative body. The judiciary body cannot make laws, it can only interpret them. When there are three powers in a federal government, the judiciary is said to be the least effective to the political rights of the Constitution. The judiciary branch is thought to be the weakest because it lacks force and will and only judgement. It is also dependent on the executive branch for the judgements. Hamilton was careful to say the judicial branch was the weakest because he did not want citizens to not have faith in the branch.
2. Each branch of the government has a checks and balance. The President has many powers such as Commander in Chief, appointment powers, and director of treaties ad foreign relations. For one person, this is a lot of responsibility and the powers must be used carefully. A feature of the Modern Presidency is the control over the growing federal government which leads to the use of executive orders like the one of President Trump. A similar example was the time Judge Hanen halted the action of President Obama on the Deferred Action for Parents of Americans and Lawful Permanent Residents.
3. In the judicial branch, the Supreme Court keeps its independence because of the separation of powers. The influence of outside parties should remain outside of the Supreme Court. The independence of the judges should be protected. The accountability design was to make sure the powers of the judiciary branch were not held within the executive nor legislative branch. This was to make sure nothing would be assessed but the Constitution and the laws, to process checks and balances. The court strongly resembles both, but leans more towards independence. Our federal judges are protected under the other the branches and not letting public opinion interfere with making decisions based on what is right under the law without facing political or personal consequences for their decisions.