Federalist No. 78

  SCOTUS Alexander Hamilton wrote that the laws are a "dead letter without courts to expound and define their true meaning and operations" (writing as Publius in Federalist No. 22). Why is this the case? How does the institution of the Supreme Court of the United States (SCOTUS) perform a function essential to government? How does it relate to the other branches? Elsewhere in The Federalist, Hamilton writes that, from "the nature of its functions," the judiciary "will always be the least dangerous to the political rights of the Constitution... It may truly be said to have neither force nor will, but merely judgment" (Federalist No. 78). Is Hamilton's view correct in your view, today? State the questions and give the answers below. Half work done will not be accepted.

Sample Solution

   

Why are laws a "dead letter without courts to expound and define their true meaning and operations"?

Laws are complex and often ambiguous documents that can be interpreted in multiple ways. Without courts to interpret and apply them, laws would be essentially meaningless. Courts play a vital role in ensuring that laws are applied fairly and consistently, and that they are consistent with the Constitution.

Full Answer Section

     

How does the institution of the Supreme Court of the United States (SCOTUS) perform a function essential to government?

The Supreme Court is the highest court in the United States, and it has the final say on issues of constitutional law. The Court's decisions are binding on all other courts in the country, and they can have a profound impact on the lives of Americans. The Court is also responsible for resolving disputes between the states, and it plays a role in checking the power of the other two branches of government.

How does SCOTUS relate to the other branches?

The Supreme Court is an independent branch of government, but it is nonetheless related to the other two branches. The Court's power of judicial review allows it to strike down laws that it finds to be unconstitutional, and this power can have a significant impact on the legislative and executive branches. The Court also relies on the executive branch to enforce its decisions.

Is Hamilton's view of the judiciary as the least dangerous branch of government still correct today?

Hamilton's view of the judiciary was based on the idea that judges would be insulated from the passions of the people and would be able to make impartial decisions based on the law. However, in recent years, the Supreme Court has become increasingly politicized, and its decisions have often been along party lines. This has led to concerns about the Court's legitimacy and its ability to serve as an impartial arbiter of the law.

In conclusion, Alexander Hamilton was a brilliant statesman who played a key role in the founding of the United States. His insights into the nature of government, including his views on the role of the judiciary, remain relevant today. While the Supreme Court has become more politicized in recent years, it remains an essential branch of government that plays a vital role in protecting the rights of Americans.

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