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Hamilton envisioned the judiciary as being the "weakest" and "least dangerous" of the three great branches of government: "Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them." In Hamilton's mind, based upon his experience and that of the nation at the time, dangerous strength was found in the ability to wield the sword and to control the purse, neither of which the judiciary possessed.
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According to Alexander Hamilton, the Judiciary was the weakest branch of government because:
- It couldn't enforce it's will by force
- It didn't have control over the nation's economic resources
- It relies on other branches for sustenance
Hamilton spoke of how the Judiciary does not control the police forces under the control of the executive and so could force its will be done.
It also did not have control over the resources and income of the nation as Congress is the one that controls the nation's budget.
Hamilton also spoke of how the Judiciary relies on the other branches to get things done such as the executive to effect its judgement and the legislature to fund it.
In conclusion, Hamilton believed that the Judiciary was the weakest branch and so should be allowed to be independent.
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