In Federalist No. 78, Alexander Hamilton describes the federal judiciary as the 'least dangerous' branch of government. Which of the following best summarizes the argument Hamilton uses to support this description?
- AIts decisions can be directly vetoed by the president if they conflict with executive policies or actions.
- It possesses neither the power of the sword to enforce its decisions nor the power of the purse to control funds, relying instead on the other branches to implement its rulings.Answer
- CIt lacks the authority of judicial review, which the Constitution explicitly reserves for Congress.
- DFederal judges are subject to regular public elections and term limits, preventing them from acting independently of the popular will.
Answer
The federal judiciary possesses neither the power of the sword to enforce its decisions nor the power of the purse to control funds, relying instead on the other branches to implement its rulings.
The correct option is correct because Hamilton argued in Federalist No. 78 that the judiciary is the weakest of the three branches because it has no control over the wealth or the strength of the society. It has no power to enforce its own decisions (lacking the 'sword') and cannot raise or allocate revenue (lacking the 'purse'), meaning it must rely on the executive and legislative branches to give effect to its judgments.
Step-by-Step Solution
Key Concept
Federalist No. 78 arguments on judicial independence and weakness