Civics Library Of The Missouri Bar

The Least Dangerous Branch?

From Federalist Paper # 78 by Alexander Hamilton:

 

            Whoever attentively considers the different departments of power must perceive that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.  The executive not only dispenses the honors but holds the sword of the community.  The legislature not only commands the purse but prescribes the rules by which the duties and rights of every citizen are to be regulated.  The judiciary, on the contrary, has no influence over either ht sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever.   It may truly be said to have neither FORCE nor WILL but merely judgment; and must ultimately depend upon the aid of the executive arm, even for the efficacy of its judgments.

 

Discussion questions:

 

  1. Do you agree with Hamilton’s statement that the judiciary is the least dangerous to our political rights (think of the rights guaranteed in the Bill of Rights)?  Why or why not?

 

  1. What does he mean by “sword of the community”?

 

  1. Why do you think Hamilton felt that the “power of the purse” is more dangerous than anything the judiciary might do?

 

  1. Supreme Court judges—both Missouri and United States--are not elected.  Why doesn’t this make them the “most dangerous” branch of all?  How does the fact they are not elected insure everyone’s political rights?  How does the fact that they do not have raise money for elections make for a more independent judiciary?