What argument did Hamilton make about the judicial branch in Federalist No. 78?

Prepare for the Texas AandM University POLS206 American National Government Test. Engage with interactive flashcards and multiple choice questions, each loaded with detailed explanations. Excel in your exam!

In Federalist No. 78, Hamilton argues that the judicial branch is the least dangerous branch of government, primarily because it does not have direct control over either the governance of the state or the ability to enforce laws. Instead, its main role is to interpret laws and the Constitution. Hamilton emphasizes that the judiciary will not engage in policy-making or wield power over the sword or the purse, which are tools of the executive and legislative branches, respectively.

By labeling the judiciary as the least dangerous branch, he suggests that it relies heavily on the other branches to give effect to its rulings and to uphold the rule of law. Hamilton contends that the independence of the judiciary and its function of checking the other branches is essential in maintaining justice and safeguarding individual rights against potential abuses by the more powerful branches of government. This perspective highlights the judiciary's important role as a guardian of constitutionalism while affirming its limited powers compared to the legislative and executive branches.

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