Sunday, October 30, 2011

Federalist #78

Quotes

  1. "The standard of good behavior for the continuance in office of the judge magistracy is certainly one of the most valuable of the modern improvements in the practice of government." This is saying a reason why judges should serve for life, they know what goes on in the courtroom and are able to stay orderly and composed. If judges were up for election the rotation would cause disorganization in the courtroom constantly.
  2. "They ought to regulate their decisions by the fundamental laws, rather then by the ones which are not fundamental." This is telling you how much the judges resort to the Constitution for laws. It's the basis of everything and it is a key tool  that the judicial branch has as a power.
  3. "And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments." I like this because it says that alone the judiciary branch has no power to violate any citizens liberties, but in  combination with another branch everything could potentially be compromised, the judiciary power has more power then it appears to have.
  4. "There is no liberty if the power of judging be not separated from the legislative and executive powers." This is saying that without a separate unbiased, branch of government protecting our liberties they would be compromised.
  5. "The courts must declare the sense of law; and if they should be disposed to exercise WILL instead if JUDGEMENT, the consequences would equally be the substitution of their pleasure to that of the legislative body." This states that if the judges just began to do their own thing and not resort to the constitution which is the basis of the whole government then everything would fall apart. Judges need to put aside their personal feelings and decide what is or is not just based on the constitution. 
Questions
  1. Before judicial review how was the judicial branch incorporated with checks and balances?
  2. Theoretically, if congress approved a law that WAS constitutional, but the court disagreed with it because of possible negative consequences is there anything the court can do to stop the bill?
  3. Do you think that the job of protecting civil rights falls solely under the judicial branch's responsibility? 
  4. If Madison were alive today do you think he would change any aspects of the judiciary branch?
  5. What does Madison believe to be the strongest branch in government?

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