Thursday, December 17, 2009

DBQ

What is Brutus's argument against ratification of the Constitution and the proposed court system?

-Brutus is arguing that the Judges are in control of the legislature, for they determine what the extent of the powers of congress are, they give the constitution an explanation. There is no power above them to set aside their judgment. If the legislature passed law that are not in line with the judges, the judges can void and in this sense the Judges are superior to that of the legislature.

Why does Hamilton call the judiciary the "least dangerous"branch of government?

-The Judiciary is the weakest branch of government because it can't influence either the strength or the wealth of the society. It may be said that it neither force nor will, but merely judgment.

Restate Hamilton's assertion in your own words?

-Any bills are laws, that are contrary to the Constitution aren't valid.

Who or what does Hamilton assert has the authority to judge the constitutionality of federal laws?

-The judges of the courts ascertain the meaning of the Constitution. The Judges must regard the constitution as fundamental law.

What power does Hamilton deny the Constitution directly gives the national courts?

-The Constitution dosen't directly say that they have to produce laws according to the spirt of the Constitution, which means that the laws don't have to make states happy in a sense.

What does Hamilton say should be the "standard of construction"for laws?

-The Constitution

What is the Supreme Court's power

-The Supreme Court is given the Judicial power of the United States. All Judicial power, this being the Supreme Court, extend to all cases, in law and equity. Any treaty or law, under the constitution, should be made under the authority of the Supreme Court.

Does this section of the Constitution support Hamilton's argument in Document B?

-No, this doesn't because in Document B, Hamilton states that the judiciary is the weakest part of government, however, just because they don't make the law, doesn't mean that they can't influence it. For they still have the ability to choose

What powers does Section 13 give the Supreme Court?

-The Supreme Court can issue public duty, writs of mandamus, in caused to any court that are appointed, or persons holding office, under the authority of the United States.


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