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Why did the founding fathers create a weak judiciary and is the judiciary weak today?
Wiki User
∙ 13y ago
The Founding Fathers intended to create a judiciary that was weaker than the other two branches primarily because the judiciary is unelected. The legislature and executive branches, being elected, were supposed to have the utmost discretion in drafting laws. Of course they were subject to the provisions of the Constitution, but before Marbury v. Madison, there was reason to think these branches themselves would be able to interpret the Constitution and reconcile any conflicts. The judiciary, whose membership was selected for its knowledge of law and ability to reason, must be appointed, rather than elected. The idea was that anyone can make policy decisions, but only a few can become judges. Considering the American Revolution was concerned, inter alia, with the right of representation, the Founding Fathers knew an unelected body can be dangerous if given too much power.
However, the judiciary rose in power substantially between Adams' and Jefferson's presidencies, Marbury v. Madisonbeing a document of particular importance. That case gave the judicial branch the final say on "what the law is," limiting the other two branches in a very substantial way. It's not to say that the judicial branch may create law, but it may interpret law. Since the Constitution is riddled with vague clauses, this is a tremendous power to wield.
Today, primarily because of Marbury v. Madison, the judiciary is very strong. Jefferson himself often expressed distaste for what the judicial branch had become.
Wiki User
∙ 13y ago
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no way
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Would the founding fathers like political parties that you have today?
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Is there founding fathers today?
no
Do you think the founding fathers would be pleased with your government today?
no way
What book discusses the founding fathers' ideas versus the US today?
a history book
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Alexander Hamilton
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they spent their lives fighting for the freedom, liberty, and independence of the people of today.
What are the 7 articles of constitution?
it was the constitution that was before the one we have today. it didnt work well, so it was revised into the modern constitution by our founding fathers. it was the constitution that was before the one we have today. it didnt work well, so it was revised into the modern constitution by our founding fathers.
Would the founding fathers be considered terrorists today?
No. MLM No. While the UN has failed to provide an internationally accepted definition of terrorism, it's quite clear that the founding fathers were not proponents of terrorism, but of treason. I know those "t" words can be confusing.
What is the group of people who share similar ideas about government?
Well, here's two groups of people, our founding fathers and today's conservatives.
Should this nation put a likeness of President Obama on Mt Rushmore?
no, Mt Rushmore represents the founding fathers who made this nation what it is today.
What would you tell the founding fathers?
Have you ever heard of the term" founding fathers "you may have wondered just who these men were and what they did to earn this tittle. Not everyone agrees on who should be given this tittle. But generally speaking, are founding fathers were the statesmen who worked to secure our independence from Great Britain in seventeen seventy six. Our founding fathers founded our nation and designed our democratic form of government that still exists today; over two hundred years later the founding father wrote two very important documents from are history. The first was the declaration of independence and the constitution of the United States of America
Did any of the founding fathers intend for The US to be more like today's European Union?
The founding fathers had lots of visions for the future United States, and some of them might have liked America to wind up like the European Union. Benjamin Franklin might appreciate the modern European Union.
Would the founding fathers like political parties that you have today?
Generally, the Founding Fathers did not think that political parties were a good thing. One of their many worries was that people would prioritize what was best for their party, over what was best for the country.
