Essay on the Judicial Branch of American Goverment

Any person who mindfully considers different arms of government must see, that, the branches are separated from each other and each work independently. Looking at the nature of the judiciary and its functions remain the least perilous to the political privileges of the constitution; since it will be least in an ability to upset or damage them. The executive remains more powerful as it has full control of citizens and holds the sword of the community. The judiciary, on the other hand, has no influence, and as seen by Hamilton, the judiciary is least likely to interfere with the liberty of citizens and another branch of government.

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The judiciary has the powers to declare certain laws passed by the Congress as unconstitutional, and this has made individuals assume that the judicial branch interferes with another branch of government. Most of the time, the judiciary may treat individuals unfairly but can never interfere with their liberty. However, Hamilton contends that the judiciary is a powerless branch of government and in this manner possess no risk to freedom. Dissimilar to alternate branches of government, the judiciary cannot bolster its usurpations by constraining." The judiciary branch only has the capability to judge, not to act, and even its verdicts or choices rely on the official branch to do them. Also, the judges are themselves by and by subject to denunciation and expulsion from office by the legislature. Hamilton in his arguments states that the constitution is a fundamental law. The court acts as arbitrators between the people and other branches of government through interpretation of the law. The court prioritizes the freedom of the people ahead of their representatives and places the constitution first before the laws passed by the Congress. As such, this is not a battle of which arm has most influence to the liberty of people and other branches, but it is simply to recognize that citizens are more superior to all branches. The fact that the judiciary in mandated with determining what the law entails does not suggest that it is supported in replacing their will for that of the legislature (Hamilton et al.2011).

If Hamilton looked at the current judiciary branch, he would believe that what he said in 1778 is being fulfilled. He argued that the judiciary from the nature of its function is in the least capacity to injure or damage them. Currently, the Supreme Court is intended not to harm or damage the ideas of the constitution. For instance, when the court makes a judgment, its choices, its greater part and contradicting conclusions are established in the constitution. As a result of this, Hamilton would believe that the legal branch of today is the same as what he imagined. Each arm of government are independent, and there is a separation of powers to make sure that the judiciary does not exceed its limit. Along these lines, it is my opinion; Hamilton would state that today's legal branch looks like what he found in his particular personality on its power (Hamilton et al.2011).

The judicial branch remains an essential branch as it acts as a mediator between people and the government. For it to remain influential in its responsibilities, it should be supported and should operate as an independent body. Nonetheless, the judiciary should not use its powers to act in a manner that it is interfering with the legal function of the Congress

References

Hamilton, A., Jay, J., & Madison, J. (2011). The federalist papers. The Floating Press.