1. “ Federalist 78 ” Alexander Hamilton

2. Court and Constitution Court: Least Dangerous Branch (to the Constitution) Court has “ neither force nor will but merely judgment, and must ultimately depend upon the aid of the executive arm for the efficacy of its judgments. ” …

3. Court and Constitution Court is Weakness: Needs to be able to Protect Itself Court is therefore the “ weakest of the three departments of power, and that it can never attack with success either of the other two, and that all possible care is requisite to enable it to defend itself… ” Independent Court: Will Never Endanger Liberty So long as Court does not join with either of the other branches, “ the…liberty of the people can never be endangered from ” the courts. …

4. Court and Constitution Need Permanency in Office: Basis of Independent Court “ Contributes…to…firmness and independence… ” Court and Limited Constitution: Need for Judicial Review Independent Court needed in a system with a “ limited constitution. ” That is, a system that places limits on legislative authority… no bills of attainder, no ex post facto laws. …

5. Judicial Review: Judicial Review: Does it put Court over the Legislature? Does judicial review imply that Court is superior in power to Congress? Answer No. Reasoning: Court Defend Const Over Statutory Constitutional law is superior to Statutory Law (passed by Congress). To suggest otherwise would be to argue that the representatives of the people are above the people themselves. It is the proper role of the court to perform this function… since “ the interpretation of the laws is the proper and peculiar province of the courts… ” …

6. Establishing an Independent Court Life Time Appointments If Courts are going to enforce the parameters of a “ limited Constitution, ” that is, restrict the power of the legislature, they need to have life tenure. Independent Court: Guard Majority Against Factions Court can guard against “ serious oppression of the minor party in the community… ” Amending Constitution: Needs to be Solemn, not Impulsive >>>