Federalist No. 78 In Federalist no. 78 Hamilton tries to explain the purpose of the Judiciary branch while at the same time he attempts to minimize its power, and to reassure people who are on the fence that while they are appointed for life, they are not in fact “tyrannical”, in that they are bound by the constitution to uphold the framework of the land, and are used to keep the other two branches in check and keep them from violating the consistution and our rights as Americans.
He explains that the Judiciary branch has the least “wielding” power, in that they don’t have the power to carry out the laws of the land (Executive) and they don’t have the power to draft any laws (Congress). They have neither “Force nor Will, only judgement”.
I agree that they don’t have any force, but I think it can easily be argued they have “Will”. If the supreme court wishes for a law to be reviewed they can make it happen, and whatever their findings are will be accepted by the whole federal government. Therefore even though they don’t have the power to write legislation, they always have the option of accepting a case that deals with the legislation and in turn knock it down. As we have recently seen them do with things such as Brown v. Board of Edu., and vice verse they can reaffirm that a law is constitutional as we say with the Affordable Care Act.
Hamilton sees the Judicary branch as following the Consitution above all else, in that it should not approve any law that should contradict the Constitution, for it…