Judiciary's Role and Independence

The video discusses Federalist 78, written by Alexander Hamilton, focusing on the design of the judicial branch. It highlights the importance of life tenure for judges to ensure an impartial judiciary, arguing that the judiciary is the least dangerous branch due to its lack of enforcement power. Hamilton emphasizes the necessity of judicial independence to protect liberty and the Constitution. The concept of judicial review is defended as essential for voiding unconstitutional laws, positioning the courts as guardians of the Constitution against legislative encroachment.

What is the primary focus of Federalist No. 78?

• The powers of the executive branch

• The independence and role of the judiciary

• The legislative process

• The rights of individual states

Why do judges hold their offices during good behavior?

• To maintain impartiality and independence

• To align with the terms of the President

• To allow for frequent changes in the judiciary

• To ensure they are elected by the people

What is a key argument for the judiciary being the least dangerous branch?

• It has control over the military

• It can veto laws

• It lacks the power to enforce its own decisions

• It can create laws

What is the judiciary's main function according to Hamilton?

• To manage the military

• To create laws

• To interpret laws

• To enforce laws

What does Hamilton mean by the judiciary having 'neither force nor will'?

• It cannot enforce its own decisions

• It has control over the military

• It can create laws

• It can veto executive actions

What does Hamilton argue is necessary for the judiciary to protect liberty?

• Control over the budget

• Union with the executive branch

• Independence from other branches

• Union with the legislative branch

How does Hamilton suggest the judiciary can maintain its independence?

• By aligning with the executive branch

• By having a fixed term

• Through life tenure

• By being elected by the public

What is the consequence if the judiciary is not independent?

• It can create laws

• It can be influenced by other branches

• It will control the budget

• It will have more power than the executive

What is the role of the judiciary in a limited government?

• To interpret and uphold the Constitution

• To manage government finances

• To enforce laws

• To create new laws

Why is judicial review important in a constitutional government?

• It gives the judiciary control over the military

• It allows the judiciary to manage finances

• It ensures laws align with the Constitution

• It allows the judiciary to create laws