The independence of the branch would allow it to grow in power without any check by the other two branches. Brutus No. 15 even draws a terrifying distinction between the courts of Britain and the proposed Supreme Court. “The judges in England, it is true, hold their offices during their good behaviour, but then their determinations are subject to correction by the house of lords; and their power is by no means so extensive as that of the proposed supreme court of the union”1. The settlers had wanted to stay far away from the tyrannical type of government they had just fled. This point by Brutus should have caused more discussion since it showed clearly that the proposed justice system lacked more of a balance than the British parliamentary system. The response by Hamilton in Federalist #78, written just two months later, defended the independence of the court. Hamilton argued that the courts isolation would actually inhibit it from attaining any harmful power. Hamilton argued that without the power of the “sword or purse”, it could not hold weight against the other branches. The courts only true power came from protecting the constitution, so it inherently could never be a poison to the thing in which it
The independence of the branch would allow it to grow in power without any check by the other two branches. Brutus No. 15 even draws a terrifying distinction between the courts of Britain and the proposed Supreme Court. “The judges in England, it is true, hold their offices during their good behaviour, but then their determinations are subject to correction by the house of lords; and their power is by no means so extensive as that of the proposed supreme court of the union”1. The settlers had wanted to stay far away from the tyrannical type of government they had just fled. This point by Brutus should have caused more discussion since it showed clearly that the proposed justice system lacked more of a balance than the British parliamentary system. The response by Hamilton in Federalist #78, written just two months later, defended the independence of the court. Hamilton argued that the courts isolation would actually inhibit it from attaining any harmful power. Hamilton argued that without the power of the “sword or purse”, it could not hold weight against the other branches. The courts only true power came from protecting the constitution, so it inherently could never be a poison to the thing in which it