Alexander Hamilton claims in Federalist #78 the Judicial Branch is the least dangerous branch. Do you agree? Why? Do you disagree? Why? What is the most dangerous or powerful branch of government today? Why? This post will close on Mar 28 at 5:00 pm. Be sure to review the rubric on how points are earned.
I both agree and disagree that the judicial branch is the least dangerous branch. The judicial branch can be really dangerous because they can overrule laws by naming them unconstitutional through judicial review. But, the branch can also be the least dangerous because they cant call laws unconstitutional if they don’t have a case. For example, lets say candy bars can be sold in Arizona and Colorado but cant be sold across state lines. If the judicial branch wanted to ban candy bars across the whole board, they would have to wait for a case about candy bars to be brought up to the supreme court to ban them in the nation. The most dangerous and powerful branch today would have to be the executive branch because not only does it have the chef of the military, but also the latitude of executive orders.
The judicial branch is the least dangerous branch of the government because they only act on evidence that is presented to them in respect to the law. In other words, they are limited by the law (which they do not get to set) and they are not even the ones who enforce the law (that being the actual police officers who go and make some arrest). The most dangerous branch, on the other hand, is clearly the executive branch, as demonstrated most clearly and recently by president Donald Trump, who has done things that a great portion of the nation deem immoral or unconstitutional. The most obvious example is the abolition of the Department of Education and other federal aid programs. These actions show that the executive branch can get away with a heck-of-a-lot more than the other branches.
You make a good point about the judiciary being limited in power, but judicial rulings can still have a huge impact on society. I agree that the executive branch can be very powerful, as actions like those of President Trump show, and can sometimes seem unchecked, which is why balance between the branches is so important.
You make a strong argument about the executive branch being the most dangerous due to its broad powers. Do you think there should be more checks placed on executive orders to prevent overreach, or would that limit necessary flexibility in leadership?
I agree considering that they limit their own power and practice law based on what already exists. I think the most powerful branch today is the judicial branch considering they can alter laws based on the forever changing needs of american society.
I see your point, but while the judicial branch can impact laws through rulings, it’s still limited by the Constitution and can’t make laws like the legislative branch. The executive branch often has more immediate power, especially through actions like executive orders. The judicial branch’s power is important, but it’s not as direct as the executive or legislative branches in shaping policy.
I agree that the judicial branch has gained power since Hamilton’s time, but consider this: Would you rather have the ability to slightly alter what has already been made, or create things yourself? The answer to me is obvious. The legislative branch has the power to create the laws, while the judicial branch interprets them, in the end the judicial branch can only interpret what has already been given to them. And that’s excluding the executive branch and it’s financial and military powers.
Your wording seems contradictory, you agree that the Judicial Branch is the least powerful or dangerous while also saying that is is the most powerful or dangerous. Additionally, while true that the power to alter rules is powerful, that is if it is unrestrained and as pointed out in your comment it is restrained by public opinion which on mass scale would be difficult to change significantly enough to warrant alterations to laws also it would derive its power from rules and regulations already established so the Legislative branch, creator of the laws that formed the foundation for the power, would hold more power and sway.
I agree with Hamilton’s claim in Federalist #78 that the Judicial Branch is the least dangerous. The courts have no power over money or military, and they rely on the executive branch to make decisions. Although judicial review gives them influence, they cant enforce laws on their own. Today I think the Executive Branch is the most powerful. The president can issue executive orders, control the military, and shape policy without needing Congress.
Ava, I agree with your point about the judiciary’s reliance on other branches, which limits its power despite judicial review. The executive branch does seem the most powerful today, especially with the president’s ability to issue executive orders and control military actions without immediate checks.
Alexander Hamilton’s claim in Federalist No. 78 that the Judicial Branch is the least dangerous makes sense because he argued that the courts don’t have the power to enforce laws or make decisions that affect the country directly; they just interpret the law. However, today, one could argue that the judiciary is more powerful than Hamilton thought, especially since key Supreme Court decisions can change laws and impact society for years. For example, rulings like Roe v. Wade and Brown v. Board of Education show how much influence the courts can have. The most powerful branch today could be the executive, as the President has control over foreign policy, the military, and executive orders, giving them a lot of power to shape the country. While each branch has its role, the executive branch often seems to hold the most influence in modern times.
I would 100% agree with you. The judicial branch’s power has grown considerably, especially in cases concerning social change and individual rights. At the same time, despite the increase in power, the executive branch is still the top dog.
I agree with you. I think Hamilton’s mind was in the right place but he couldn’t predict the future power the branch would hold. However, I believe the legislative branch holds the most power currently.
I agree that the judicial branch is the least dangerous because it doesn’t use force, but judgement. They can only create laws and unlike the executive branch that enforces laws, the judicial branch relies on its laws being respected rather than them being enforced heavily. The branch lacks the neccesary power to take action on its own and depends on all of the other branches of governemnt to properly carry out and enforce the laws they present. In todays age, the judicial branch has gained a significant amount of power through judicial review, allowing them to veto laws and executive action they is deemed unconstitutional. In todays age the executive branch is what holds the most power as they include the presidential powers. Signing statements, influencing foreign policies, and using military powers without any previous agreement from congress
I agree that the Judicial is the least dangerous branch because it doesn’t have power over the military or budget. It also has to rely on the executive branch. It is only able to interpret laws and not make them. I feel like today the most dangerous branch is the Executive Branch because it has the most power. The president has control over the military, influence law making process, and forgein policy.
I agree! The Judicial branch definitely has limits, especially since it cant enforce its own decisions or control money or the military. Why do you think the executive branch is more dangerous that the legislative, since congress also has power over laws and the budget?
I agree that the judicial branch is the least dangerous branch of government. The judicial branch has power, considerably more than it had in Hamilton’s time, as it can shape social policy and individual rights in ways the other branches can’t. However, when you consider that the judicial branch has no power to make legislation, and lacks the ability to enforce legislation without independent organizations, the judicial branch’s power pales in comparison to the executive and legislative. The most dangerous branch would be the executive branch, as they hold both military power, legislative power (albeit limited), and financial power to do whatever it should see fit, Of course the executive branch is still supposed to be limited to the Constitution, but the executive branch can also amend the Constitution as well.
I agree with the fact that the judicial branch branch’s absence of legislative power leads it to become the least dangerous branch of government and that the executive branch as of today is the most dangerous. I am also curious to what ‘albeit limited’ means.
I’d be happy to explain! The executive branch holds legislative power in different ways than the legislative branch. The president can veto, issue executive orders, influence public opinion, and appoint officials. All of these can have an effect on legislation, although they won’t hold the same weight as legislation made by the legislative branch. Hence, the executive branch has legislative power, although it’s limited. (Albeit means although)
I agree with Hamilton that the Judicial Branch is the least dangerous out of the three branches due to the fact that it cannot create or enforce laws but can only interpret them and decide if they are constitutional or not. Today the most dangerous branch of government is probably the executive branch because it is in charge of foreign affairs, the military, and has the power within the president to VETO laws and bills. All of those aspects make it the most powerful branch which also makes it the most dangerous.
I agree that the judicial branch is the weakest branch because of its limited reach. They can only effect something if it is brought up as a legal case, like Roe v Wade or Miranda v Arizona. I think the most powerful branch would be the executive branch. The actions of those in the branch are much more public than others, causing it to affect the public much more.
I agree that the judicial branch has limited reach since it relies on cases being brought to it. You make a good point about the executive branch having a visible impact. I’d argue Congress is just as powerful because it controls laws and the nation’s budget. Each branch has different types of power, it just depends how they use it.
I agree that the executive branch is the most powerful, but it is limiting to say that it is the most influential due to what the public perceives. Yes, the public eye will always be impactful on the government. Yet we are not, in essence, the sole group effected by the decisions of the government. Congress constantly fights itself on problems that the public is not affected by. I feel like I’m reading too much into your comment so take this with a grain of salt if I am.
In Federalist #78, Hamilton argues the Judicial Branch is the least dangerous because of its lacking power over the purse and the sword. I agree with Hamilton because the judiciary interprets laws instead of creating or enforcing them. Today, the most powerful branch could be the Executive Branch because of its ability to issue executive orders, command the military, and influence foreign policies. The president has significant authority in this branch, and the executive powers have been expanding over the years which allowed decisions that have immediate impacts on the nation, making it the most dangerous branch when unchecked.
The Judicial Branch is the least power branch of government as it can only judge the facts and apply them a specific cases. It can not create laws nor can it discard them, it simply plays by the rules of the law. I believe that the most powerful branch today would be the executive branch as at the end of the day, the President can simply veto a law. The president also handles our foreign affairs and oversees our military.
I agree that the Judicial Branch is more of a regulator and a restrictive factor to the other branches but wouldn’t Congress/the Legislative Branch have more power as if they are united they can veto the president’s veto, impeach federal officials, declare war, and control financial resources.
I would agree that the judicial branch does not hold as significant of power as the legislative or executive branch. According to Hamilton’s Federalist #78, he states the judicial branch is essentially just a “check” or a “body” between the executive and legislative branch. The most effective power of the judicial branch is interpreting laws as opposed to creating them like the legislative branch. Unlike the executive branch, the judicial branch does not have control or order on the militia, legislation, the veto of bills, the appointment of officials, and more. While the judicial branch is still an important part of the US government, their significance does not hold as much influence or power on anything more than the review of laws or checks and balances.
I like the strong point you made regarding how the Judicial Branch lacks the powers the Executive and Legislative Branches of government possess. This illustrates that courts do not implement their own decisions or exercise policy-making power as the other branches do. It is true that the judiciary does not create laws or have the authority to give orders to the military; however, the judiciary’s power derived from judicial review has expanded tremendously. So, while the judiciary may not be the most powerful branch of government, it has the ability, through judicial review, to impact the direction of the country for a lengthy period through the interpretation of legislation and legal precedent. Do you think judicial review has created an expanded power for the court branches beyond what Hamilton may have expected during the writing of the Constitution or do you still just see the court branches primarily as a “check” rather than as an active power in government?
I Agree that the Judicial Branch is the least dangerous branch because it doesn’t have much political power, it is mostly a restrictive branch formed to restrict the other two branches from falling out of line. The branch that is likely the most dangerous is likely the legislative branch as if both houses were to be completely united they would likely have the potential to be near unstoppable with unlimited power in the government as with majority on their side they can basically pass any laws, veto the president’s veto, and expel any federal officers with a united front by the public being one of the few counters if such a scenario occurs.
I like your reasoning for why the legislative branch is the most dangerous, if both the house and senate were joint they would indeed have a lot of power.
At first I thought there was no way for the legislative branch to be the most powerful, but after reading your reasoning, I understand how a unified congress can basically do whatever they want. I never thought about how powerful congress would be with full unity.
Each of the branches of the United States government has the capabilities to cause change for both the better and the worse. The Judicial branch has the task of interpreting the constitution and placing limits to the extent by which the constitution applies. The judicial branch has the ability to make amendments useless, make amendments heavily restrictive, or make their own additional underlying rules to an amendment. I believe that the executive branch is the most dangerous branch due to the action it can take to make change. The executive branch can control the military and government agencies in order to achieve the president’s goals, making it possible for things to happen that result in physical change and opens the possibility of bad policy to be enforced.
I agree with Alexander Hamilton’s claim in Federalist #78 that the Judicial branch is the least dangerous branch. The Judicial branch does not have access to military or any finical spending. The main purpose of the justices is to interpret the law. Therefore they cause no threat to the public if they are following the constitution. In cases in which the legislative branch allows harmful acts into the constitution then the Judicial branch will have no choice but on such laws that were passed. Therefore the problems and dangerous the people fear does not originate in judicial in branch but in the legislative branch. In case’s where the executive branch appoints corrupt judges then the problem again originates from a different branch. Therefore the people mistakenly fear the wrong branch. In these cases it is imperative to pay special attention to the two branches that will affect the practice of the judicial branch. In theory the judicial branch is impartial to politics and other such issues but in practice it can easily become ineffective if the other two branches are not kept in check by the people. Concluding that the judicial branch is not powerful enough to act on its own to cause harm to the people unless other branches were to get involved in do so.
During Hamilton’s time in government, the judicial branch lacked significant powers in government. Hamilton was not wrong to say that the judicial branch is unable to “attack” as effectively as the other two. However, it is much more established today and holds power over both the executive and legislative branches. In order for the executive or legislative to pass certain laws pertaining to the Constitution, they both have to go through the due process necessary to ensure their constitutionality. The most dangerous branch of government today seems like the executive branch. This is because of its checks over both both the legislative and judicial branches being greater than the checks the others have over it. Of course it is not unlimited in its powers, it too is given restraint, yet its foreign, military, and financial powers alone make it greatly influential when considering the country from a worldly perspective.
I totally agree with your opinion that the executive branch is most powerful at this point in time. It has so much muscle that it seems to be the most intimidating (lol) and by muscle I mean the foreign, military and financial powers. As far as the judicial branch I think yes it needs to be taken into account of the powers it holds but I can also see why others may think it can be less relevant or of less importance (for a lack of better words) while being compared to the other two branches.
Alexander Hamilton argued in Federalist No. 78 that the Judicial Branch is the least dangerous because it lacks control over the military and the budget, relying on the Executive to enforce rulings. However, in modern times, the Supreme Court has become highly influential, shaping laws and policies through judicial review. Despite this, the Executive Branch is arguably the most powerful today, as the president holds military control, executive orders, and significant influence over law enforcement and that has been evident recently with Donald Trump’s actions. The expansion of executive power, especially in times of crisis, makes it the most potentially dangerous branch.
I appreciate that you contextualized the judicial and executive branches based on what we are seeing in the current government. As of late, the Supreme Court has had a fair share of action with some of our president’s decisions. Though the judicial branch cannot create these decisions, it can limit the executive branch heavily if it reaches an opposing majority decision. However, I agree that the executive is the most dangerous branch due to its role in foreign affairs and crisis control. I don’t know if I’d personally call it “dangerous” but I would definitely deem it influential.
I agree that the Judicial Branch is the least dangerous because the branch has no control over government spending. and no control over the military. I believe the executive branch is the most powerful today. Executives basically have the power to create laws directly, through executive orders. Executives are also responsible for enforcing laws made by Congress and laws changed by the Supreme court. On top of that, the executive branch controls the military.
Alexander Hamilton believed that the judicial branch could never threaten our liberty because it lacks real power. He saw this branch as a means of judgment and interpretation of the law and the Constitution. He perceived it as a way to keep the government structure fair and in check. However, given the many examples we see today of the judicial branch’s significant power, I believe it has become dangerous.
In my opinion, the most dangerous branch is actually the legislative branch, because it has the ability to create laws and can declare war.
I agree with your statement that the Judicial branch is the least dangerous and I like how you involved Hamilton’s direct comments and analysis on the Judicial branch. This added a nice touch to your comment.
Also, I agree with the fact the legislative branch is the most dangerous today. It also has the power to veto bills and laws created by the executive branch, therefore counteracting their actions.
I do agree that the Judicial Branch is the least dangerous but it is not left without any power and that has to be considered. Though It is the least dangerous of the three it still has the power to make changes and differences throughout communities and the Country. I think that the most dangerous is the Executive branch because it holds most power in foreign and domestic issues and relations and is also in charge of our military.
I agree with your statement that the Judicial branch is the least dangerous, but I am confused on your point of “it is not left without any power and that has to be considered.” Do you believe that the Judicial branch doesn’t have much power? And how do you further consider that its power should be considered?
I agree with Alexander Hamilton’s claim in Federalist #78 that the Judicial Branch is the least dangerous branch. I agree because the Judicial Branch only has the power to instill and enforce laws. It does not have the power to implement or create them. It does as stated by law and law only. The most powerful branch of government today is, I believe, the Legislative branch. The Legislative branch create the laws. It also declares war, regulates interstate and foreign commerce, oversees the Executive branch, overrides presidential vetoes, confirm in electoral college on presidential elections, etc. At times it has power stronger than the President and council and has the power to create the law that the Judicial Branch has to abide by.
In Federalist 78, Alexander Hamilton claims “The judiciary… does not influence 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. It may truly be said to have neither FORCE nor WILL, but merely judgment.” With that being said, I believe the judicial branch may be the least powerful or most restrained in some perspectives, which bolsters the notion that the judiciary relies on the other branches to implement its decisions, and it is thus weaker, in that regard. However, through the expansion of the judicial branch’s authority of judicial review, as well as through its power of striking down laws and its role in the interpretation of the Constitution, the Supreme Court has acquired power such that it occupies a central role in policy-making on issues like civil rights, health care access, and executive power. While the courts cannot directly threaten individual rights to the same degree the executive and legislative branches may, nor can they similarly threaten the balance of powers, they may perceive and operate from a place of differing power balances based on how much power the judicial branch holds. Today, particularly the executive branch appears to be the most powerful of the branches of government. The capacity for the President to shape policy agendas and direct military conflict through executive orders or the executive branch action through federal agencies and personnel creates immediate, influential, and direct implications on the country and international relations. While Congress or the courts might limit the potential actions of the executive branch, the intended scope of the executive branch is to extend power and influence.