In federalist no. 78, why did alexander hamilton call the judiciary the "least dangerous" branch of government?

1 answer:

5 0

Hamilton saw the judicial branch as the least dangerous branch because it had little to no impact on legislation, according to him. It had no power over money, like the Legislature, not power of the "sword", like the Executive. This would all change dramatically after the Marbury vs Madison case. Chief Justice John Marshall created the power of Judicial Review, leaving a lasting impact on the court and politics. The Court now had teeth and would use them to cut off and stop legislation that they found to be unconstitutional.

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