In Federalist No. 78, Alexander Hamilton argued that the judiciary was the least dangerous branch of government. Why did Hamilton believe the judicial branch was the least dangerous? What led to the increase in the power of the judicial branch? Would Alexander Hamilton approve of the judicial system as it is today, or would he likely disapprove of it?
What will be an ideal response?
Ans: Hamilton used Federalist No. 78 to ease the concerns of the judicial branch’s power and stated that the branch would be the weakest since it has no control over the military or the way money is spent. The power of the judicial branch grew in 1803 following the Marshall court’s decision on Marbury v. Madison, which established the rule of judicial review. Judicial review would allow for the courts to determine the constitutionality of laws and how laws were applied, giving the judicial branch the power of the pen. Such power would not likely be supported by Alexander Hamilton, as it would not be completely aligned with the vision of the Constitution and the system of checks and balances.
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