Friday, 26 May 2017

What did Alexander Hamilton mean when he called the courts "the least dangerous branch"? In light of the judicial review powers assumed by the courts...

In The
Federalist
No. 78, Hamilton wrote that the judiciary was "the least dangerous
branch" because the courts did not have the power of the executive branch and were not
ruled by the political fervors of the legislative branch. The court also did not, he wrote, have
the power of "the sword" (referring to the army), and it also lacked the power of
"the purse" (control over the treasury). The court's only power, he wrote, was its
judgment. 

Some critics argue that the Supreme Court has become too activist
at times and that it should restrict itself to the original Constitution. However, compared to
the growth of the power of the executive branch, which has massively expanded since the early
1900s, and the political passions of both the left and right wings in the Congress, one might
argue that the court system is the least dangerous branch. In addition, the court can't issue
policies but can only review lower courts' rulings or the rulings of the executive or
legislative branch. Given...

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