Answer the two questions - Essay Example

Federalist 78 Provide historical and contemporary context to Hamilton’s ment in federalist 78 that the court has neither the power of the sword or the purse – only the power to persuadeIntroduction:The Federalist no. 78 essay (written by Hamilton) brings out two key points. Firstly, he argues for the judicial independence from the legislature and the executive. Lastly, he argues that the judiciary ought to be authorized to reject laws enacted by the Congress that are contrary to the Constitution (law.jrank.org, 2011).

Body:When Hamilton argues for the judicial independence, he states that the judiciary has no power over the sword or the purse. In other words, judiciary is the weakest branch of government. He indicates that the judiciary does not possess the executive sword (commander in chief of the country’s armed forces) and the legislature purse (which endorses all the government’s spending measures and tax). The only thing the judiciary possesses is the ability to judge. Because of its weakness, it is protected from the other two branches of the government (the legislature and the executive) by the U.S. Constitution.

According to Hamilton, making the judges permanent through the Constitution makes sure that they cannot be changed according to the executive’s or the legislature’s interests (law.jrank.org, 2011). Conclusion:In conclusion, the Federalist 78 aimed at making sure that the judiciary was protected from interests of the executive or the legislature. This is because it was the weakest of the government branches and it did not possess the purse of the legislature and the sword of the executive.

The only power left for the judiciary was the ability to judge. 2) Defend either the judicial review/judicial supremacy or the coordinate construction/department approachIntroduction:In Hamilton’s essay Federalist 78, the judiciary was supposed to be provided with the judicial review power. This is to enable it to declare laws that deemed unconstitutional as not binding (law.jrank.org, 2011). The judicial review power is important for the judiciary since it is the one that is capable of interpreting the law and the constitution.

In other words, the judicial review power serves the purpose of protecting the particular privileges or rights of the American people. Body:The purpose of the judicial review power given was to protect the particular privileges or rights of the people as indicated in the Constitution. In order to protect these rights, the judiciary has to be given the judicial review power to declare any law that is unconstitutional null and void. There are other people who claim that the judiciary has been given power superior to that of the executive and the legislature.

However, the people’s power is superior to that of the government branches, and the role of the judiciary is to make sure that the legislature does not become the master of the Constitution and the people but their servant. It is important to note that the Constitution does not clearly mention the judicial review (law.jrank.org, 2011). Conclusion:Judicial review power is critical for the judiciary since it enables it to protect the rights and the privileges of people as mentioned in the Constitution.

Without the judicial review power, the Congress or the legislature can pass laws which go against the Constitution. Rejecting laws that contravene the Constitution is another function of the judicial review. Referenceslaw.jrank.org. (2011). Federalist papers – Federalist, no. 78, and the power of the judiciary. Retrieved from http://law.jrank.org/pages/6820/Federalist-Papers-Federalist-No-78-Power-Judiciary.html