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Whoever Attentively Considers the Different Departments of Power Must Perceive

Question 2

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 Franklin D Roosevelt have disagreed with Hamilton's argument about the judiciary?


A) The Court believed that federal intervention in the economy was unconstitutional and overturned many New Deal acts.
B) The Court opposed Roosevelt's plan to add new justices.-Consider This: Roosevelt's court packing plan came from his anger at the Court overturning the AAA and NRA.
C) The Court typically gave deference to the decisions enacted by the elected branches of government.
D) Justices opposed him seeking a third term in office.

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