https://bluecerealeducation.com Sun, 04 Jun 2023 20:20:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://files.bluecerealeducation.com/2023/06/BowlIcon.png https://bluecerealeducation.com 32 32 https://bluecerealeducation.com/blog/federalist-78-and-importance-judicial-precedent/ Fri, 22 Jul 2022 12:31:48 +0000 http://localhost:8888/bluecerealwp/blog/federalist-78-and-importance-judicial-precedent/ We might debate whether or not Hamilton was correct to consider the judicial branch the “weakest” of the three, but the more important point here is that lifetime appointments of justices was intended to provide consistency in the nation’s highest court. Notice also his assumption that one of the primary purposes of the Court is to protect the “general liberty of the people” and act as the “citadel of the public justice and the public security.” While Hamilton was speaking primarily of national government (it would almost a century before constitutional protections were automatically assumed to apply at the state and local level as well via the Fourteenth Amendment), this understanding of the judicial branch is antithetical to the idea that defending the Constitution requires stripping away established protections in order to better facilitate state-level abuse of personal liberties.

 

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