Part 1: Write a 250 word max response to these questions. Be sure to fully explain your position, citing a high quality source as evidence (i.e academic
journals, scholarly articles, current laws/policy, court cases etc.).
Alexander Hamilton wrote that the laws are a “dead letter without courts to expound and define their true meaning and operations” (writing as Publius in
Federalist No. 22). Why is this the case? How does the institution of the Supreme Court of the United States (SCOTUS) perform a function essential to
government? How does it relate to the other branches? Elsewhere in The Federalist, Hamilton writes that, from “the nature of its functions,” the judiciary “will
always be the least dangerous to the political rights of the Constitution… It may truly be said to have neither force nor will, but merely judgment” (Federalist
No. 78). Is Hamilton’s view correct in your view, today?
Part 2: Write one response to this other response to the questions above. Max 150 words, and be sure to directly address the main points made in the
original posting. “Good posting” or “I agree” will not suffice for this part of the assignment.
Alexander Hamilton wrote that the laws are a “dead letter without courts to expound and define their true meaning and operations” to show that national
judiciary was needed . Individuals were not allowed to go to court to enforce their federal legal rights . The constitution needed that national judiciary to
ensure that individuals could go to federal courts to redress violations of the Constitution and other legal wrongs . The establishment of the Supreme Court
is a judicial institution that uses the Constitution to interpret and act on laws. The Supreme Court , also with the lower federal courts, plays a crucial part in
ensuring the enforcement of constitutional rights and maintaining the supremacy of federal law in the courts .The Constitution’s grant of judicial power for
the federal courts to decide “all Cases, in Law or Equity, arising under this Constitution, the laws of the United States, and Treaties” was a direct response to
the infirmities of the Articles of Confederation,that established the branch of the federal government and no independent court system ( Gans) .The
institution of the Supreme Court of the United States (SCOTUS) performs a function essential to government by ensuring that each branch of government
knows the limits of its own power. The supreme court also helps the government by ensuring that the American people living in the United States have the
promise of equal justice under each law and to also function as a guardian and interpreter of the Constitution for the people . The supreme court also holds
the government accountable to the values and importance of the people and also the whole political process . The institution of the Supreme Court being
essential to the government relates to the other branches by checking both branches by declaring a law unconstitutional . The Judicial review is the power of
the Supreme Court that determines if the actions of the legislative and executive branches are consistent with the Constitution. The Judicial also has the
power to interpret the Constitution and to declare the laws unconstitutional.
