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. According to Federalist 78 and Hamilton, the judiciary branch doesn’t have the power to impose on the Constitution. The judicial branch doesn’t have the power. The only thing the judicial branch can do is cast judgments on the work of the other branches and the people. I would, on paper, agree with this, but in execution, I think that they have an evenly weighted distribution of power. Hamilton was sure to point out his belief that the judicial branch was the weakest branch as a way to make the people want to trust him.
2. The theme found in both the lecture and the Rosenberg article is checks and balances. The article talks about the powers that the judicial branch used to show that Trump’s attempt to deny federal funding to sanitary cities was unconstitutional. The article touched on the powers of each branch, and shows how they could bounce off of each other and overlap. Each branch has powers that protect the nation from tyranny. Trump made an executive order that was found to be unconstitutional in the eyes of the court. No one branch can go rogue and act on its own. They must be checked by the other branches to ensure that power is not being abused. Another example of a federal judge blocking a presidential action would be a federal district judge in Louisiana blocking President Biden’s executive order, which would halt all new leases that allowed for energy exploration on public land.
3. Independence allows for judgment to be passed based on someone’s own thinking rather than the influence of someone else. Accountability allows for the people who make these major decisions to own their decisions, be able to back them up, and take responsibility for the repercussions that may have been caused by the decisions made. These two ideas working together are important because everyone in the court needs to have the characteristics of both independence and accountability. In my opinion, the court leans more towards independence. There are a lot of SCOTUS justices who have been on the wrong side of history and have never had to deal with the ramifications of that, but they stood firm in their decision and were confident in it, regardless of what the public thought.