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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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