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Judicial Branch

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When Publius examines the judiciary in the sense of power and relevance to the legislative and executive branches, they assert that it brings a check of stability in government as a whole. “The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever” (Publius, No.78, p.402). This assertion places a resilient weakness on the judicial branch because it lacks the authority of the executive …show more content…
(Brutus, XI, p.184) If things are not explicit, there is a lot of room for human nature to muck up the situation. Brutus would say that too much trust is being put with people who are fallen by nature. “There is no power above them, to control any of their decisions. There is no authority that can remove them, and they cannot be controlled by the laws of the legislature. In short, they are independent of the people, of the legislature, and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself”(Brutus, XV, p.197). This, along with not able to be removed from office other than impeachment, Brutus states the judicial holds more unchecked power than the legislative branch. In order for there to be more dependence in the courts, there needs to be constitution checks on them. The whole reason why Brutus enjoys Federalism is because of the separation of state and federal jurisdictions. The judicial branch is dangerous because Brutus understands it to be an institution with ambitious people, just as the other areas of government do. The problem for Brutus is that the judiciary branch would be so strong at the federal level; the states wouldn’t be sovereign in their own …show more content…
It is, however, the basis for what our government is founded on. The whole point of having judges appointed in a way puts them above the governed just like an elected president is above the governed. The judiciary is ruling over the people who have given consent. Our government is derived in people seeking to secure their own rights through signing off a few of those rights to have the government represent individuals. Brutus differed from Publius in regards to representation because Brutus was the biggest proponent of diversity in the new country. The fact that different parts of the land had totally different cultures and outlooks on life showed the vastness of the country. In order for there to be ample representation of citizens, Brutus felt that there needed to be fewer constituents per representative. This would ensure a closer, more personable republic. This nature of politics bridges a gap between the ruler and the ruled. For Publius, the body of government was supposed to be the elite body of men. (Publius, No.10, p.43) This worried Brutus because in order to protect rights of individual people and the states, government needed to be limited and checked. “It is to be lamented that the interested and designing have availed themselves so successfully of the present crisis, and under the specious pretense of having

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