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Whoever Attentively Considers the Different Departments of Power Must Perceive

Question 20

Multiple Choice

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 the 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.
--Alexander Hamilton, Federalist No. 78, 1788
-Why might Hamilton have stated that the judiciary has "neither FORCE nor WILL,but merely judgment"?


A) The Supreme Court can issue,but not enforce,its own decisions.
B) The Constitution prohibits the judiciary from ruling on military matters.
C) Congress regularly makes laws that contradict Supreme Court decisions.
D) The judiciary was created to be the weakest of the three branches.-Consider This: Hamilton argues that the judiciary is weaker than the other two branches to assuage people's concerns,but the three branches were created to be equally powerful.

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