Essay On The Judicial Branch

Hamilton Also believed that the government needed to be “divided into 3 branches,the executive branch, the legislative branch, and the judicial branch”. This would provide balance

After the Revolutionary War, American politicians had to figure out how to run the new country. Alexander Hamilton and Thomas Jefferson were two politicians in the Early Republic Era who greatly contributed to the shaping of the United States. Jefferson, a Democratic-Republican, and Hamilton, a Federalist, disagreed about almost every one of each other’s core beliefs about what the country should look like. Although Hamilton’s view of the Constitution largely influenced the U.S., Jefferson’s ideal economy and belief in a strong state government shaped the Early Republic more.

Hamilton believes in strong federal government and weak state governments. He also wants to favor rich people and insist on rich should rule the country and he has a loose interpretation of the constitution. Hamilton dreams towards country economy should

Hamilton interpreted it loosely while Jefferson was strict. This led to an argument about whether the creation of a national bank was constitutional; Hamilton stated it was while Jefferson claimed it wasn’t. Another issue that they clashed

During the process of achieving the goal, he attended the Constitutional Convention. Here, Hamilton spoke out on behalf of his ideas and beliefs. Among many important people at the convention, Hamilton was later named the “Father of the Constitutional Convention”. Standing for New York, Hamilton thought that

He was afraid that a central government held too much power. Power should be spread out among the individual states. He liked how the Articles of Confederation protected the rights of states and individuals from being taken away (Doc 3). “Our country is too large to have all affairs directed by a single government.” states Jefferson. Jefferson also believed that the people should run the government.

Hamilton wants a strong government and Jefferson wants a small government so the federal government would not take power. As for Jefferson he believes that agriculture should form the basis of the economy. But Hamilton wants something else then Jefferson because Hamilton a interpreted the Constitution broadly or loosely. Hamilton believes in different things then Jefferson because they both don’t like each other. Hamilton thinks other things because he believes that those plans will work.

The Supreme Court is an extremely important part of government. As such, we need healthy judges that are on top of their mental game. Therefore, term limits are necessary because newer judges can have a different point of view, mental health will be reduced, and the majority of Americans support term limits. If we have newer judges they will have a different point of view. In the article, Christopher stated that “It would mean a court that more accurately refers the changes and judgements of the society.”

James Madison, founding father and fourth president of United States wrote the federalists paper number 10 in favor of the constitution. He believes that constitution is the only way to keep balance and control any problem this country faces. He uses faction as an example and talks about how it can cause problems but most importantly how to deal with the problems. He defines faction as groups of people who came together to promote their own interests and opinions. He said that these groups take advantage of the public and violate their rights.

The idea of life tenure may have made sense in the time of the Framers, but things have changed in the United States and the Supreme Court is given a much stronger power than it had back then. Many different studies and arguments have shown that the mental capacities of a Justice diminish as they increase in age and the longer they remain on the court, the more they part from their original ideology. Other arguments are made that life tenure helps the justices on the Supreme Court make decisions that would benefit our country as whole. In states’ Supreme Courts things are done a little different in almost every state, except for the exception of one or two states. Most state Supreme Courts have established term limits for their justices on the court.

The quality of judges would without a doubt increase if they were appointed. However, I do not agree with the idea of judges being appointed. When looking at the partisan aspect you notice several possible issues with one issue being, is that individual the right person to do the job. Partisan election of judges allows for an individual that may not be as qualified for the job to be elected into the position. Nevertheless the partisan election of judges gives the voters what they want based on party affiliation along with qualifications.

There are three federal branches in the U.S.; the legislative, executive, and judiciary. The judiciary branch has the “power” to evaluate law. It is able to take down a law or an executive branch to be declared as unconstitutional. However, declaring a law unconstitutional is not that easy for the courts. In Federalist NO. 78, written by Alexander Hamilton, the judiciary branch is said to be the weakest due to all of the ways the legislative and executive branch can enforce their power upon them.

The Merit Plan Judges in the state of Nevada ascend to their positions through an election by the citizens of Nevada. “In 2007 and 2009, the legislature approved a proposed constitutional amendment calling for merit selection of Nevada judges. ”(JudicialSelection. US) The Merit plan, is a system of appointing judges through bipartisan commissions who forward the lists of shortlisted candidates to the appointing authority to pick from the list.

(Doc. 6). Madison also displayed beliefs similar to those of Hamilton when he went to war in 1812. Hamilton, in “Tully No. III” maintains the necessity of force to preserve law and that “Government supposes control” (Doc. 2). Although Madison did not believe in a strong central government, he did believe that force must be applied in order to maintain laws and the order, demonstrated by his engagement in the War of 1812. John Adams, a Federalist himself, even claimed in a letter to Benjamin Waterhouse that he “give [his vote] to Mr. Madison” (Doc. 7).

Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.