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Essay / Research Paper Abstract
(5 pp) In Federalist 78, Alexander Hamilton said
that "the judiciary... has no influence over either
the sword or the purse...it may truly be said to
have neither force nor will, but merely
judgment...the judiciary is beyond comparison, the
weakest of the three departments of power...".In
this discussion we will assess the validity of
Hamilton's comments in light of recent Supreme
Court decisions.
Bibliography lists 6 sources.
Page Count:
5 pages (~225 words per page)
File: D0_BBjudrev.doc
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of recent Supreme Court decisions. Bibliography lists 6 sources. BBjudrev.doc JUDICIAL REVIEW
Written by B. Bryan Babcock for the Paperstore, Inc., April 2001 Introduction In Federalist 78, Alexander Hamilton said that "the judiciary... has no influence over either the sword or the
purse...it may truly be said to have neither force nor will, but merely judgment...the judiciary is beyond comparison, the weakest of the three departments of power...".In this discussion we will
assess the validity of Hamiltons comments in light of recent Supreme Court decisions. Original Concepts According to Schroeter (2001), and the Guiding Jurisprudence of the Past, "The very essence
of civil liberties, certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government
is to afford that protection ... Every right, when withheld, must have a remedy, and every injury its proper redress." Original Intent Chief
Justice John Marshall, writes in McCulloch v. Maryland (1819): "There are some fundamental principles which are of controlling effect. The right to sue and defend in the courts is the
alternative of force, in an organized society. It is the right, conservative of all other rights, and lies at the foundation of orderly government. It is one of the highest
and most essential privileges of citizenship ... (It]) is granted and protected by the federal constitution." Justice Benjamin N. Cardozo, also adds:
"The final cause of law is the welfare of society. The rule that misses its aim cannot permanently justify its existence. Ethical considerations can no more be excluded
...