"Federalist No. 79" discusses the importance of an independent judiciary. Hamilton says that judges should serve for life, rather than serving at the whim of politicians. He also says that their salary should not be decreased. In "Federalist No. 80," Hamilton lays out the jurisdiction of the federal judiciary, which includes cases that arise from the laws of the United States as written in the Constitution, cases involving public figures and ministers, cases involving maritime law, cases involving the United States itself as a party, and cases between citizens of different states. In "Federalist No. 81," Hamilton establishes the structure of the judiciary with the Supreme Court at the top and other inferior courts set up by Congress. In "Federalist No. 82," Hamilton writes that the states will retain powers not given to the federal government. This is the basis of our federalist system.
The principles in this section of the Federalist Papers on the judiciary became part of our Constitution and have effects on the practice of criminal law today. For defendants and plaintiffs to receive fair trials, the judiciary must be free of political influence in that judges are appointed to the Supreme Court for life. In addition, the court system establishes a hierarchy in which local courts try cases first and then other courts hear cases on appeal. The Supreme Court only hears cases, including criminal cases, in which the decision of lower courts has been appealed. The Supreme Court hears cases that affect the interpretation of the Constitution, including its provisions for defendants in criminal trials.
Sunday, October 20, 2013
Please discuss and summarize the relationship of Federalist No. 79–82 to criminal law.
Subscribe to:
Post Comments (Atom)
Why is the fact that the Americans are helping the Russians important?
In the late author Tom Clancy’s first novel, The Hunt for Red October, the assistance rendered to the Russians by the United States is impor...
-
There are a plethora of rules that Jonas and the other citizens must follow. Again, page numbers will vary given the edition of the book tha...
-
The poem contrasts the nighttime, imaginative world of a child with his daytime, prosaic world. In the first stanza, the child, on going to ...
-
The given two points of the exponential function are (2,24) and (3,144). To determine the exponential function y=ab^x plug-in the given x an...
-
The only example of simile in "The Lottery"—and a particularly weak one at that—is when Mrs. Hutchinson taps Mrs. Delacroix on the...
-
Hello! This expression is already a sum of two numbers, sin(32) and sin(54). Probably you want or express it as a product, or as an expressi...
-
Macbeth is reflecting on the Weird Sisters' prophecy and its astonishing accuracy. The witches were totally correct in predicting that M...
-
The play Duchess of Malfi is named after the character and real life historical tragic figure of Duchess of Malfi who was the regent of the ...
No comments:
Post a Comment