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Essay / Influences on the Judicial Branch - 1468
Influences on the Judicial BranchUnder Article III of the Constitution, the judicial branch was created, but rather implicitly in proportion to the other two branches of government. This ambiguity opens up various possibilities for interpreting the judiciary. In Federalist 78, Alexander Hamilton discusses the role of the judiciary in the federal government with respect to the political immunity of judges for life and the contribution to checks and balances through judicial power or control. Chief Justice John Marshall, in his decision in Marbury v. Madison, established the principle of judicial review advocated by Hamilton in the Federalist Papers. Originally designated as the weakest of the three branches of government by the framers of the Constitution, the judiciary has accumulated increased political influence through judicial review and has proven to be an essential institution in the separation of powers as well as a participant active in the separation of powers. the system of checks and balances. According to Hamilton in Federalist 78, the judiciary has the least power of the three branches of government. The judiciary is “the weakest of the three departments of power, and it can never successfully attack any of the other two” (Woll, 410). The enumerated powers of Congress include the power to levy taxes, borrow money, regulate commerce, and pass federal laws. These assigned powers allow Congress to control the economy and regulate the public by passing legislation. The executive branch has the power to enforce laws, negotiate treaties, and accept ambassadors. Possessing these powers in addition to being the commander in chief of the armed forces, the president is capable of directing the federal government in the face of public-related perils. The judicial power “has no influence either over the sword or over the purse; no direction either of the strength or wealth of society; and cannot make any active resolution whatsoever…He may truly be said to have neither FORCE OR WILL, but merely judgment” (Woll, 410). The judiciary lacks the power of influence that Congress and the President possess in the federal government and is further limited by presidential appointment of judges and Congress's decision to create lower courts. The ability of the Supreme Courts to render judgments, however, confers significant power... middle of paper ...... to the doctrine of the Constitution, which is superior. Hamilton saw the judiciary as the weakest of the three. government branches; however, it is an indispensable contributor to the system of checks and balances. The executive and legislative branches control the judicial branch through the power of the president to appoint judges and the power of Congress to create lower courts. The judiciary controls both the executive and legislative branches through judicial review, which was established by Marshall in Marbury v. Madison. Hamilton also emphasized the importance of judicial independence from the political influence of the two strongest branches of government in order to preserve the separation of powers. This essential independence of the judiciary is achieved through the life tenure of judges, which prevents them from being susceptible to political pressure. Article III of the Constitution relating to the judicial power is very unclear regarding the powers of the judicial power; however, the undisputed creation of judicial review greatly strengthened its authority and today it is undeniably an influential branch within the governmental system..