6.1 FRQ 1 Federalist 78 Quote Analysis
Answer the following questions based on the excerpt from Alexander Hamilton's Federalist No. 78 (1788).
Group 1
Answer all parts (a)-(c) using the passage above.
Source 1.1
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... 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)
Question 1a
Describe the argument Hamilton makes in the passage above regarding the power of the judiciary.
Question 1b
Explain how Hamilton’s reasoning in Federalist No. 78 reflects the principle of separation of powers in the U.S. Constitution.
Question 1c
Explain how another branch of government can check the power of the judiciary, consistent with Hamilton’s argument in the passage.
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