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The Judiciary Branch


            In order to develop a successful government, the Framers developed our three branch system. This three branch system is composed of the legislative, executive, and judicial branch. This three part system is meant to protect us from the basis of a monarchy. While the judicial branch is depicted as the "weakest " of the three branches, the judiciary, however, plays a vital role within our government. While the judicial is in "continual jeopardy of being overpowered, awed or influenced by its co-ordinate branches" (Federalist 78) this branch is what keeps our system well-balanced.
             To begin with, the judiciary checks the legislative and executive branch through judicial review. Judicial review evaluates the actions of the two branches as constitutional or not. This is important because it keeps both the legislative and executive branch from abusing their power. "The judiciary 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 " (Federalist 78). While the judiciary does not enforce or create the laws; their declaration as constitutional or unconstitutional is important for the protection of the people. The citizens should be able to trust our government to follow the constitution. However, I think that Hobbes' theory that people need to be protected from each other is also relevant. For example, Hobbes states, "the liberty each man hath to use his own power as he will himself for the preservation of his own nature; that is to say, of his own life; and consequently, of doing anything which, in his own judgment and reason, he shall conceive to be the aptest means thereunto " (Leviathan, Chapter XIV).
             Hobbes understands that people will do anything that will benefit them and not think about others. This holds true for our government as well.


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