The Constitution Institute
Monday, April 24, 2017
Federalism * Enumerated Powers * Separation of Powers

Module 4 – The Judiciary

“The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish.” – United States Constitution, Article III, Section 1

“…the judiciary is beyond comparison the weakest of the three departments of power…” – Publius (Alexander Hamilton), Federalist Paper No. 78

 

Discussion

Does the description of the relative power of the federally judiciary – including the Supreme Court – given by New York delegate to the constitutional convention, Alexander Hamilton, hold today?
 
What change(s) to the United States Constitution have resulted in what seems to be a seismic shift in the power structure of our federal government?
 
If there have been no such changes, why has the confirmation process of a Supreme Court nominee taken on such an important role in our society?
 
How has the Supreme Court expanded its perceived authority and power?
 
Does the Supreme Court have the final word on all constitutional questions?
 
If not, who does?
 
Do the Legislative and Executive branches have any say on constitutionality?
 
If so, what does this mean to the importance of the election processes relating to the Legislative and Executive branches?
 
These questions and more will be answered by the Constitution Institute. The Constitution Institute will educate Americans on the relative power of the judiciary. While the judiciary was intended to play an important role in the preservation of liberty, the Framers were careful to empower a potentially life-appointed, unelected branch of the federal government.