In The Federalist No. 78, Hamilton argued the judiciary should be what?

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Multiple Choice

In The Federalist No. 78, Hamilton argued the judiciary should be what?

Explanation:
Judicial independence is the central idea here. In Federalist No. 78, Hamilton argues that the courts must be free from control or manipulation by the other branches so they can interpret laws and the Constitution impartially, protect rights, and serve as a check on legislative power. Secure tenure for judges and careful appointment practices are meant to shield the judiciary from political pressures, allowing it to decide based on law rather than popularity or partisanship. This independence gives the judiciary the legitimacy and stability it needs to constrain Congress and prevent unconstitutional overreach. So, the best answer is that the judiciary should be independent. Saying it should be political or partisan would undermine its role as an impartial interpreter, and while he notes the judiciary is the least dangerous branch, that descriptor does not imply it should be weak—its strength comes from being independent enough to resist political sway.

Judicial independence is the central idea here. In Federalist No. 78, Hamilton argues that the courts must be free from control or manipulation by the other branches so they can interpret laws and the Constitution impartially, protect rights, and serve as a check on legislative power. Secure tenure for judges and careful appointment practices are meant to shield the judiciary from political pressures, allowing it to decide based on law rather than popularity or partisanship. This independence gives the judiciary the legitimacy and stability it needs to constrain Congress and prevent unconstitutional overreach. So, the best answer is that the judiciary should be independent. Saying it should be political or partisan would undermine its role as an impartial interpreter, and while he notes the judiciary is the least dangerous branch, that descriptor does not imply it should be weak—its strength comes from being independent enough to resist political sway.

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