Strengths And Weaknesses Of Judicial Review

825 Words4 Pages
Continuing his writing of Federalist Number seventy-eight, Hamilton states that the Judiciary branch of the proposed government would ultimately be the weakest of the three branches, due to the fact that it had neither force nor will, but merely judgement. Federalist Number 78 quotes Montesquieu: "Of the three powers (…), the judiciary is next to nothing" (Hamilton). Because of the courts' weakness, Federalist Number seventy-eight does not see the possibility of corruption as a result of the use of judicial review as an issue. There was little concern that the judiciary might be able to overpower the other political branches. Since Congress controls the nation’s flow of money and the President holds the power to control the military, the courts did not have nearly the same amount of power and influence from a strict view of constitutional design. The Judiciary also has a need to depend on the executive and legislative branches to uphold its judgments, thus making it the least powerful. While the Executive and Legislative branches are elected by the people, members of the Judicial Branch are appointed by the President and confirmed by the Senate. The power given to courts to interpret the law, called jurisdiction, is limited for the judicial branch to federal and constitutional laws. Many of the strengths of the judiciary that Hamilton discusses in Federalist No. 79 are merely implied in the Constitution rather than explicitly stated. Similar to the amending process,
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