In the late 1700s, the Federalists Papers, essays written by Alexander Hamilton, James Madison and John Jay spoke volumes to the colonial citizens. Divided into factions, the Federalists and Anti-federalists had their own views on how the government should be run. Avid supporters of the Constitution, the Federalists made a name for themselves, disguising the fact they were committed to a nationalist government. On the other hand, the Anti-federalists focused more on the true principles of the Revolution. In articles seventy-eight and seventy-nine published under Publis and Brutus, the authors clarified the structure, powers, appointments and independence of the judiciary branch. In this term paper, I will analyze these articles of the Federalists
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As for the role of the courts in the government, it might be hard to understand because its complete independence is necessary in a limited constitution to interpret the laws (F78). Hamilton explains the judicial branch may be the weakest because it is not involved in the everyday lives of the people. The judiciary is only aware when information is brought to them through the courts. So, Hamilton was right in saying the judicial branch is the middleman to the legislative branch. The courts must declare the sense of the law, which means they play a major role in a law being passed (F78). The Antifederalist argue the judges of the Supreme Court are a vital part in the judiciary branch controlling the legislative branch and if need be, the Supreme Court could resort to determining what the extent of the powers of Congress are (AF 78). Next to permanency in office, otherwise known as tenure nothing could contribute more to the independence of the judges than their support …show more content…
In the Antifederalist articles the comparison to the English monarchy of the tenure of the judge’s position in office, loses a considerable part of their weight when applied to the state and condition of America (AF 78 and 79). The explanation is if officials do not represent the government in an appropriate manner, they will face consequences. (AF 78 and 79) As for those who adhere to the correct behavior will procure their position for life, especially in the early stages of the government (AF 78 and 79). Using good behavior to their judicial offices, in terms of duration is a great point far from being blamed on any account (F 78). Great Britain have proven themselves with this shining aspect of a solid government (F 78) Now with impeachments, officials are subject to be challenged for misbehaviors of high crimes by the House of Representatives, and tried by the Senate (F 79). If the individual is found guilty they may be removed from office and disqualified for going against their governmental integrity (F
As for the role of the courts in the government, it might be hard to understand because its complete independence is necessary in a limited constitution to interpret the laws (F78). Hamilton explains the judicial branch may be the weakest because it is not involved in the everyday lives of the people. The judiciary is only aware when information is brought to them through the courts. So, Hamilton was right in saying the judicial branch is the middleman to the legislative branch. The courts must declare the sense of the law, which means they play a major role in a law being passed (F78). The Antifederalist argue the judges of the Supreme Court are a vital part in the judiciary branch controlling the legislative branch and if need be, the Supreme Court could resort to determining what the extent of the powers of Congress are (AF 78). Next to permanency in office, otherwise known as tenure nothing could contribute more to the independence of the judges than their support …show more content…
In the Antifederalist articles the comparison to the English monarchy of the tenure of the judge’s position in office, loses a considerable part of their weight when applied to the state and condition of America (AF 78 and 79). The explanation is if officials do not represent the government in an appropriate manner, they will face consequences. (AF 78 and 79) As for those who adhere to the correct behavior will procure their position for life, especially in the early stages of the government (AF 78 and 79). Using good behavior to their judicial offices, in terms of duration is a great point far from being blamed on any account (F 78). Great Britain have proven themselves with this shining aspect of a solid government (F 78) Now with impeachments, officials are subject to be challenged for misbehaviors of high crimes by the House of Representatives, and tried by the Senate (F 79). If the individual is found guilty they may be removed from office and disqualified for going against their governmental integrity (F