Whoever Attentively Considers the Different Departments of Power Must Perceive

question 37

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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Definitions:

Cremaster Muscle

A muscle that covers the testis and spermatic cord, involved in the reflex action of moving the testis closer to the body in response to cold or fear.

Vas Deferens

The duct that conveys sperm from the testicle to the urethra.

Spermatic Cord

A bundle of fibers and tissues in males that includes the vas deferens, blood vessels, nerves, and the cremaster muscle, responsible for supporting the testes.

Inguinal Canal

A passage in the lower anterior abdominal wall which in men, contains the spermatic cord and in women, the round ligament of uterus.