Summer '22 - Intro to American Government & Politics

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.

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. 

1.     I do agree with Hamilton that the judicial branch is the weakest branch. It is dependent on the executive branch, and it only has the power to review rather than execute laws and decisions, unlike the other branches of government. I think that Hamilton was careful when pointing this out because the judicial branch was new and he did not want to reduce the peoples’ trust in it. 

2.     The theme from Tuesday’s lecture and the reading for this week is checks and balances. This has to do with a balance of power in the government and the ability to check a branch’s power to prevent tyranny. Trump’s power was checked when it was declared that denying funding for sanctuary cities was unconstitutional. Although the President is the leader of our country, he/she does not have absolute power over the government. Another example of a federal judge blocking a president’s action is when a federal judge in Texas blocked President Obama’s executive action on immigration. 

3.     Independence and accountability are both crucial for balance because independence gives the court power allows them to make decisions that are best for the country, and accountability is crucial in order for the people to be able to maintain trust in the government. Right now, I believe that the court leads more toward accountability then independence, because there are a lot of decisions being made based on personal bias and agendas. 

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? Even though the Judicial branch can interpret laws, it is considered the weakest branch. Really the Executive branch is the most powerful branch because it is the only branch to make final decisions on things. Another reason why the Judicial branch is the weakest is that it is also not in charge of money or the military. Those are two big essential parts of our country. Hamilton was careful because he wanted to relieve fears from the new department considering how the there was no judiciary under the Articles of Confederation

   
   

   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? A theme that I found in the article was overpowering that Trump thought he had. Another one was unconstitutional which the Judicial branch declared when President Trump brought up the oder he wanted to present. The federal judge found what Trump was doing unconstitutional and was going against the president. If the Judicial branch finds that the president’s act is unconstitutional they can overrule them. Another example is that the Federal Judge blocked Obama’s executive action on immigration. 

Personally, I believe that Hamilton is mostly right. The only true power the judiciary branch holds is the power of judicial review. The executive branch has control over the military forces and has the final say on most things. This includes actions overseas and in the country. The legislative branch, better known as congress, is in charge of anything and everything requiring money. The judiciary branch may make the decisions, but they do not have the power to carry them out. These decisions can only be implemented through the executive branch. I think Hamilton was careful in carrying out his belief because government under the Articles of Confederation did not contain this type of branch. The judiciary branch was new to everyone.

To me, the general theme of this article has to do with judicial review and the checks and balances system. Specifically, how each branch has their own role in this system. This article was about tyranny and how the other branches have their own powers that can resist this type of tyranny. In this case, the president made an executive order in which the courts interpreted as unconstitutional, declaring that spending control was a responsibility on Congress. A president might have some power, but they cannot act on their own agenda without having to go through other branches. An example of this from the past is the Marbury v. Madison case. Adams was checked by the creation of judicial review which now is used to check all branches.

In my opinion, accountability, and independence work hand in hand. Independence is needed in order for justices to make decisions based upon their own judgements, and not someone else’s agenda. This independence helps judges make hard choices based off of what is needed for America and not personal gain. Accountability is needed to improve integrity. This leads to actions that are constitutional and strays from actions made through politics. Although I am not super court savvy, I believe that both are equally as important and vary in use depending on the situation at hand.

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.

1.  I agree with Hamilton that the judicial branch has ended up becoming the branch with the least power in U.S. government. This branch is the weakest, as it has no ability to enforce the decision it makes. Unlike congress, and the executive branch, the supreme court has no authority to mobilize any form of military or police force to carry out enforcement of rulings. The Supreme Court ultimately has no power to act on anything and only the other forms of government have the ability to act on these rulings. I believe Hamilton was so careful to point out the weakness of the judicial branch, as he likely wanted to undermine the power of the branch of government that the people have the least amount of representation in. 

2. From the Eli Rosenberg article I find the theme to be checks and balances that exist within our government. Trump wanted to use executive power to push his agenda, however the Court was able to deny him this deeming it unconstitutional. This illustrates the balance of power across our government and how we are able to ensure that one branch does not become too powerful over others. Another example of this was when the court overruled Trump when it came to him attempting to terminate DACA (Defered Action for Childhood Arrivals) in 2020.

3. Both Independence and Accountability are essential when it comes to the judicial branch. Independence allows for the court to make decisions based on what best follows the constitution and not having to worry about political influence from elections. Accountability is also important in making sure that justices effectively make decisions that are based on the law and not for political or personal benefit. I think ultimately the court now leans more towards independence than accountability. This is because they are allowed to operate and give rulings without political pressure, while still being held accountable through appointments.

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.

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.

2.  The main theme of the article and our lecture are correlated with the use of checks and balances of our government, as well as how the judicial branch can enforce their power. We see in the article that the judicial branch executed their power against Trump, deeming his desire to deny funding to sanctuary cities as unconstitutional. While many people believe that the supreme court is a powerful court that deals with the masses, this articles show how the branches of government can overlap and effect one another in their decisions. 

3. We discussed the methods and usage of the branches in their own independence as well as their ability to check the power of the other branches. The importance of these two things for all branches of government to eliminate a government that is too powerful or a dictatorship by one branch of government ruling the entire nation without accountability. Through most of our government, the court more so focuses on the checking and accountability, for they have a small work load of cases they are meant to do which allows for them to ensure that all branches of government are maintaining their positions and duties in a constitutional manner for the people. 

2. I think a theme of this article is the checks and balances that each branch has on one another, but another major theme is the idea of judicial review. The president made an executive order, but the courts interpreted the constitution and decided that the executive order was not constitutional and that it was the role of the congress to control spending. This just shows that the branches of the government keep each other in check and prevent from tyranny because they are constantly scrutinizing each other. The judiciary is the interpreter of the legislation, and they have the power to determine the meaning of the law. This is a huge vessel of power and slows the agenda of a single president. In Marbury v. Madison, judicial review was created as a check to Adams at the time. Now, judicial review acts as a check on all of the branches.

3. Independence in the court system is very important as a way to check the other branches and to protect against the tyrannical majority. Independence allows for justices to make decisions for the betterment of the country and not to gain re-election. The courts also need to be independent so that they are not swayed by other branches or political parties and so that they will make the best decision as possible. The court also needs accountability so that they do not act unconstitutionally and make decisions that are not based in American policy. I think that although the courts have accountability with presidential appointment, they mostly have independence which is the best case scenario. All of the other branches are directly influenced by public opinion except the judicial branch so that in itself acts as a check. The courts need protection in order to be respected in the government.