Discussion 4
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?
- The court was formerly referred to be the least dangerous department of government by Alexander Hamilton since it had no control over armies and no spending authority. Because of this, constitutional writers have tried to provide independent courts the authority to monitor other branches. Even though the judicial branch has the authority to interpret laws, many people believe it to be the least effective of the three since it cannot guarantee that its judgments be upheld. However, federal judges have a lot of authority in part because of their experience. The Constitution grants life appointments to federal judges. This shields them from the political constraints that state judges—the majority of whom serve for set terms and must be re-elected or retained. Secondly Hamilton said this gain the peoples trust within them and by belittling the government and it wouldn't be used for the wrong reasons.
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?
- Rosenberg's writings and our talk have a strong emphasis on the concept of checks and balances. Trump seemed to seek unrestrained authority, but given the structure of our country, that was not conceivable. The federal judge ruled that Trump's actions violated the Constitution and were thus illegal. The Judicial branch has the authority to overturn them if it determines that the president's action is unlawful. The Federal Judge's decision to halt Obama's unilateral action on immigration is another such.
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?
-In my view, freedom and accountability go hand in hand. To make decisions based on their own judgments and not another party's agenda, judges must be independent. Judges are better able to make difficult decisions when they are not motivated by personal gain but rather by what is best for America. Although the president appoints judges, I believe that the courts are generally independent, which is the ideal situation. With the exception of the judicial branch, all other branches are directly impacted by public opinion, therefore that alone serves as a check. To earn the respect of the government, the courts must be safeguarded.