Aquilius D Turner
POLS 2101 B
Napoleon Bamfo
21 September 2012
My Views on the Federalist Paper #78
The Federalist Paper # 78 is very confusing to me. I know it is important to
transcribe my thoughts on paper, but I do not know where to start. I will be keeping it
simple today. I will focus on what Alexander Hamilton wrote about the different
branches.
Hamilton focused on the judicial branch of government in the Federalist Paper #
78. Hamilton as well as others thought a judicial branch was needed. Hamilton says they
pointed it out. The only thing they had to figure out was how they would make the
judicial branch or constitute it and the extent of its inner workings. To constitute the
judicial branch, Hamilton and others had to figure out how to appoint the judges, how to
hold their places or terms of office, and the judiciary authority between other courts and
their relationships with one another. According to Hamilton, judges were to be appointed
in the same manner as the officers of the Union in general however that may be. Previous
knowledge of other papers is required to know in what manner the officers of the Union
were appointed. Hamilton also had to figure out how long each judge would hold a term.
I was very confused reading this part. Hamilton said that a judge will hold his position
via good behavior. How long is good behavior? Hamilton did not specify. During this
time, I assume that this was the necessary and proper thing to do.
In totality, the judicial branch was needed. Hamilton and others brainstormed on
how to constitute the judicial branch. When the judicial branch was formed, it wasn’t as
strong as the judicial branch we have today. In fact, when one views the powers of the
three branches of government separately, one can determine how strong or how weak the
branch is by the way it infringes on the political rights of the Constitution. The judicial
branch doesn’t infringe on political rights. It only casts judgment. Hamilton and others
noticed how weak the judicial branch was. When compared with other branches, the
judicial branch lacked power and Hamilton knew it. In the book it says the judicial
government is the weakest of the three branches of government. It’s also known that the
judicial branch is too weak to attack the other respective branches. Hamilton also noticed
that the judicial branch was at risk of being overpowered or influenced by the executive
branch and the legislative branch; but as long as the judicial branch of government
retained the power to cast judgment, they had in a sense some power to govern. The
judicial branch had this power alone.
In the end, the judicial branch is the weakest of the three branches of government
according to Hamilton. Hamilton and others thought of a way or a system to constitute
the judicial branch. Using their political minds, Hamilton and others also thought of the
consequences of the judicial branch.