"Alexander Hamilton called the Judicial Branch of government the 'least dangerous' branch." Was he right?

Question

Please explain it.

Answer 1

I'd generally agree with that. They have little power to actively change things, although there are exceptions. Congress and the Presidency though have a great deal of power to enact change, both positive and negative.

Answer 2

The judicial process moves sooooooooo slow. Remember that by the time the Supreme Court gets to make a decision on a case, the case has gone through several layers of lower court and appeals court reviews that the case has been under action for several years. Additionally, the court system in general bases most decisions on past precedents; the courts generally expand and change law very slowly with a small tweak here, or an expansion of definitions there...

This is opposed to Congress which can change law quickly on a dime simply by voting a change. Similarly, the President can issue executive orders (that have the effect of law) very quickly.

Additionally... the Judiciary has a very small force with which to effect change. The President controls the Army as Commander in Chief, the Congress funds the military, but the Court has only a small number of Federal Marshalls at their disposal... instead relying on the other two branches of government to simply follow their orders.

In the Civil War, Lincoln occasionally ignored the Supreme Court, and before that Andrew Jackson once said "the Cheif Justice has made his ruling, now let's see him enforce it..." Other than these incidents, the system has worked pretty well with the courts getting the respect they deserve.

Answer 3

The Least Dangerous Branch

Answer 4

Hamilton's connection with this in Federalist #seventy 8 applies to the actuality that the judiciary have neither the skill of the handbag or the sword. it fairly is, they might't tax or spend, like the legislature, and that they might't lead the army, like the administrative. on the time this grew to become into written, the ideally suited court docket did no longer have judicial overview, it fairly is the term we persist with to the court docket's interpretation of the constitutionality of our rules. This precedent grew to become into usual by using John Marshall, a Federalist, during the Jefferson administration, some a protracted time later.