How does Hamilton convey his ideas about judicial independence in Paragraph 3?

He claims that the limitations imposed on the legislature by the Constitution demand that the courts of justice face similar limitations on its independence if the branches of government are to be considered truly equal.

He states that, since the Constitution contains "exceptions" that limit what type of laws or bills can be passed, the judicial branch must be independent so that none of those exceptions apply to it.

He argues that, since the Constitution already limits the types of laws or bills that the legislative branch can pass, the role of the courts is secondary and its independence need not be guaranteed.

He gives examples of the types of laws or bills that the Constitution forbids the legislature from passing, and he asserts that only independent courts can defend the Constitution and declare such laws void.

Question

Brenna Church

English

23 March, 13:55

How does Hamilton convey his ideas about judicial independence in Paragraph 3?

He claims that the limitations imposed on the legislature by the Constitution demand that the courts of justice face similar limitations on its independence if the branches of government are to be considered truly equal.

He states that, since the Constitution contains "exceptions" that limit what type of laws or bills can be passed, the judicial branch must be independent so that none of those exceptions apply to it.

He argues that, since the Constitution already limits the types of laws or bills that the legislative branch can pass, the role of the courts is secondary and its independence need not be guaranteed.

He gives examples of the types of laws or bills that the Constitution forbids the legislature from passing, and he asserts that only independent courts can defend the Constitution and declare such laws void.

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Melvin Pitts · Answer 1

The Constitution guarantees our rights on paper, but this would mean nothing without independent courts to protect them ... The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be ...