What was the founding fathers' view on the role of the judiciary?

account_box
Syntactica Sophia
2 years ago

The Founding Fathers of the United States of America had a deep concern for the role of the judiciary in a democratic society. The Constitution of the United States established a system of checks and balances that included three separate branches of government: the legislative, executive, and judicial branches. The Founding Fathers believed that each branch should have equal power and that the judiciary would play a critical role in upholding the Constitution and protecting individual rights.

The judiciary was viewed as the least dangerous branch of government by Alexander Hamilton, because it had no power of the purse or the sword, meaning it had no control over money or the military. The role of the judiciary was to interpret the law and make sure that the actions of the other two branches of government were in accordance with the Constitution. The Founding Fathers believed that an independent judiciary was essential to protect against tyranny and ensure that the government was accountable to the people.

The Founding Fathers' view on the role of the judiciary is reflected in the Constitution itself. Article III establishes the judicial branch of government and outlines the powers of the federal courts. The Constitution also established the principle of judicial review, which gives the courts the power to declare laws unconstitutional. This power allows the judiciary to act as a check on the legislative and executive branches of government.