Question 2 Flashcards
(Constitution as higher law) government is responsible for the
Security of citizens rights
(Constitution as higher law) places limitations on
Government
(Constitution as higher law) adheres to the idea of
Rule of law
(Constitution as higher law) is based on the
Consent of the governed
(Constitution as higher law) favor of constitution as higher law is indicated in the
Virginia declaration and Declaration of Independence
(Federalist 81) through the constitution judicial power is to reset in
One Supreme Court and inferior tribunals as appointed by congress
(Federalist 81) some believe that the judicial branch should be part of the
Legislature rather than its own branch these people believed the judicial’s power would be too significant if it were its own ranch
(Federalist 81) Hamilton refutes the argument that judicial power would be too significant, stating that in the constitution, there is no provision that states that the
Judicial will directly interpret the laws according to the spirit of the constitution
(Federalist 81) the constitution will serve as the
Standard by which laws are created
(Federalist 81) the notion of combining not judicial and legislative would serve to undermine the principle of the
Separation of powers in that those who made the laws would be “too apt in interpreting them.”
(Federalist 81) in addition those who would violate the constitution through making the laws in the legislature would not
Desire to repair this error through interpreting the laws
(Federalist 81) Hamilton believed that legislators wee not necessarily
Qualified to serve as judges
(Federalist 81) the fear that judicial’s decisions would undermine legislative power is
Irrational in that the judicial has no legitimate power to enforce its decisions
(Federalist 81) Hamilton justifies the inferior courts by saying that state courts would be
Biased by a local spirit
(Federalist 81) inferior tribunals would avoid for all cars to
Go to the Supreme Court. They also deal with issues that that take place within their limits.