1. In Federalist 78, Alexander Hamilton suggests that the judiciary will be the “least
dangerous branch.” Do you think that is true today? Why or why not? Remember that this
is a relative assessment, and cannot be analyzed effectively without discussing the other
two branches as well. Think broadly about what you have learned about each branch this
semester. (Four pages.)
The founding fathers of America wanted to design a governmental system where no
branch had absolute ascendancy over the country. They decided to create three major branches
within the government that tended to different areas of governance but each had checks on other
branches to prevent them from becoming tyrannical. Alexander Hamilton, one of the most
influential founding fathers, argued in Federalist 78 that the Judicial branch was the “least
dangerous branch” compared to the other bureaus. In today’s political landscape a strong
argument can be made that his verdict still stands true. However, this conclusion cannot be
drawn without a thorough analysis of the powers and limitations of all branches of government.
The judicial branch consists of three different sets of courts: the Supreme Court, appellate
courts, and federal district courts. These courts, respectively, form the hierarchy of the judicial
branch, with the Supreme Court holding the greatest deal of power. Its jurisdiction on matters
that concern the nation are highly respected. The most substantial power that the Supreme Court
possesses is its doctrine of Judicial review. The court can review any laws and acts of
government to test their constitutionality. This includes presidential orders and treaties, and any
laws or acts passed through congress. If they deem these acts to be unconstitutional, they may
declare these actions null and void. The president appoints the nine justices of the supreme court,
however, once appointed they are able to act independently, free from any political party ties and
worry about re-elections. The court, contrastingly, has numerous constraints on its ability to
influence the nation’s trajectory. Cases needing ruling may only be brought to the Supreme Court
if the plaintiff is able to demonstrate their personal stake in the matter. The Court may not go
searching for cases to rule on based on personal interest, conflicts must be brought to their
chambers. Regarding the doctrine of political questions, the Supreme Court will not judge cases
in which the case matter lies within the political, rather than legal, realm to solve. The Court only
has the capacity to handle matters concerning legality and constitutionality. Lastly, while the
rulings that the court makes can be used as a precedent in future cases, it only immediately
affects the parties to the case itself. The Court is unable to force their ruling to be applicable to
other matters of similar concern, meaning they may have to deal with redundant cases that they
have previously given their adjudication on.
The legislative branch comprises two houses within Congress, the Senate and the House
of Representatives. A bill has to pass through both houses in identical form before it can be
passed on to the president to sign off. Terms for the two different houses vary in length: each
senator serves a term of six years but every two years a third of the seats are up for reelection
while each representative serves a shorter term of two years. Congress possesses a great deal of
power inside the government. They have the power of purse, power of legislation and power of
oversight. The House is responsible for the origination of revenue bills, and hence has the
authority to decide how much to tax citizens and what the government should spend that money
on. The Senate has the sole power of impeachment, pass treaties and approve appointments
signed by the president with a two thirds majority vote. Conversely, the limits on Congress are
minimal. Congress is unable to pass ex post facto laws, tax products from the state, or issue titles
of nobility. That means that the House or the Senate cannot make people knights, lords, or
duchesses.
The Executive branch is the face of the United States government. They are the ones in
the limelight and microscope of the national and global media. The President of the United States
is one of the most powerful and influential figures in the world. They have the responsibility to
lead the nation with love and pride and maintain America’s status as the pinnacle of the global
economy. With that responsibility comes a great deal of power. The President holds one of the
strongest commands within the government: the power of veto. The President may refuse or
approve a bill or joint resolution passed in congress with his veto ability. The President also
holds the power of pardon and appointment. He is able to pardon anyone in society from a
federal felony without interference with state jurisdiction, and is responsible for hiring members
of federal agencies, members of the cabinet, foerign ministers, and Supreme Court justices. The
President is also responsible for the negotiation of treaties with foerign countries. Whether that
be peace treaties, trade agreements or immigration agreements, the President oversees the
nation’s diplomatic relationships with foreign entities. He decides which foreign governments the
United States chooses to recognize. For instance, during Woodraw Wilson’s presidency he used
nonrecognition, with some degrees of success, to delegitimize nondemocratic governments.
Wilson chose not to recognize General Victoriano Heurta’s Mexican government to discourage
the continuation of his military coup of the nation. Though the President’s powers are numerous
and robust, Congress and the Supreme Court do have their checks against the Executive branch
as discussed previously. Congress is able to impeach the president for an abuse of power and
ultimately remove him or her from power. However, recent examples exemplify the difficulty of
entirely removing the President from power even after being successfully trialled for
impeachment. The President is also limited to serve two four year terms in office even if it is the
majority of society’s wish for him or her to continue to lead.
After intricate analysis of the powers and limitations each branch of government
possesses, the Judicial branch, nonetheless, stands out as the “least dangerous” branch in
comparison to the other boroughs. Their passive role in the nation’s affairs have consequently
moulded them to be the least influential trisection of government. Though they play a
monumental part in America’s constitutional system of government through their role in ensuring
each branch of government understands the limits of its power, their curtailed ability to apply
court rulings obtrudes itself as a glaring weakness of the Supreme Court. The Court’s
confinement of ruling cases outside the legal domain also further extends the argument for it
being “least dangerous.” Today, under the lastest shifts in the political landscape, the Legislative
and Executive branches undoubtedly hold the title of being “more dangerous.” With the majority
in Congress, the President will be actively pursuing major changes in legislation to reverse the
