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Judicial Branch

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Submitted By MusicRGN
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Business Law I

Due: Feb 4th 2010

The Judicial Branch

The Judicial branch of government of the United States was set up by article III of the Constitution. The Judicial branch is given great power over the common law, but still very limited due to a complex system or checks and balances. The Federalist Papers 78-83 describes in great detail the newly proposed system of judicial government. The author of these papers was Alexander Hamilton. John Jay, and James Madison contributed to the other parts of the Federalist.

The most interesting aspect of the judicial branch is the way it fits into the system that also is comprised of the Executive branch, and the legislative branch. Alexander Hamilton writes, “The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the constitution; because it will be least in a capacity to annoy or injure them”. The executive branch can be viewed as the, “sword of the community”, and the legislative has the power to create the laws the all citizens of the United States must follow (Hamilton 78). The brilliant thing is even though it seems the judicial branch of government does not carry as much power, it never states that in Hamilton’s letters due to the fact that the judicial branch is considered an “indispensable ingredient” (Hamilton 78).

The power of the judicial branch may be considered not as direct as the other branches, but is still powerful nonetheless. The legislative branch and executive branch together have the power and ability to pass laws that the people must follow, but who keeps those two branches within their own boundaries? The answer is the judicial branch, due to the fact that the judicial branch has no authority to audit the constitution, but every authority to uphold it. The statement in Hamilton’s paper that most clearly describes

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