Tuesday, January 26, 2010

DBQ

  1. What is Brutus's argument against ratification of the Constitution and the proposed court system? Brutus's argument is that the Judges and the Supreme Court would have too much power. The court could overrule a legisaltive descion if it wanted to. The court wouldn't have anything to keep it in check so in a sense it would be more powerful than the legislative branch.
  2. Why does Hamilton call the judiciary the "least dangerous"branch of government? Hamilton says that the judiciary branch call only judge things. He says it has no infulence of the strength or the wealth of society which the legislative branch does.
  3. Who or what does Hamilton assert has the authority to judge the constitutionality of federal laws? Hamilton says that the judges of the court ascertian the meaning of the consitution and its relanvence to laws.
  4. What power does Hamilton deny the Constitution directly gives the national courts? Hamilton says that there is nothing in the consitution that binds the making of laws in the spirit of the Consitution.
  5. What does Hamilton say should be the "standard of construction"for laws? The constitution...
  6. What is the Supreme Court's power? The Supreme Court's power is over all laws and rulings from other courts. It has the power to reject a law made by congress if the court finds it unconstitutional. The court also has the power to overrule other court descions (i.e Brown vs. Board of Education).
  7. Does this section of the Constitution support Hamilton's argument in Document B? No it doesn't beacuase Hamilton says that being the weakest part of goverment, the supreme court can't infulence society strength or wealth. However the Supreme court can infulence society because even though it doesn't makes the laws it controls which ones are valid or which ones are invalid.
  8. What powers does Section 13 give the Supreme Court? It gives the power to issue public duty, and the writs of mandamus.

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