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At the time Alexander Hamilton wrote the statement, there was intense dispute among states in the U.S. The situation was further aggravated by the absence of a Supreme Court, which he deemed necessary in the enforcement of law. This statement, therefore, implies that lack of a governing institution to interpret and enforce treaties rendered the laws therein dead. This is especially true in the U.S where laws intersect and can lead to conflict where narrow interests and local biases can arise in the government. In the U.S, the Supreme Court is mandate by the constitution to appraise the actions of congress as well as the president. As the highest judicial tribunal, it is mandated to provide plausible solutions to all controversies and cases arising under the laws or constitution of the U.S. Nevertheless, the Supreme Court is not independent as its powers are limited by the two other branches of government namely, the legislative and executive (McCloskey, and Levinson 2). Each branch has specific responsibilities pertaining to principles and laws that govern the nation. This implies that their responsibilities intersect as each branch plays a significant role, thus, making them separate but equal.
In my opinion, Hamilton’s view that the judicial is the least dangerous of the three branches of government is correct. Foremost, the Supreme Court unlike the legislature cannot amend or pass laws rather it is required to apply the language of the constitution prior to approving or disapproving laws amended by the congress. As dictated in the constitution, the Supreme Court is mandated to moderate decisions made by the legislature in a constitutional manner (McCloskey, and Levinson 3). This implies that its power is limited by the constitution, thus, it cannot exceed its bounds even though the legislature cannot overrule decisions made by the Supreme Court.
Works Cited
McCloskey, Robert G., and Sanford Levinson. The American supreme court. University of Chicago Press, 2016.
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