22
QuizMultiple Choice

Practice Exam I

Question 22 • AP US Government and Politics

Refer to the passage.And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments; that as all the effects of such a union must ensue from a dependence of the former on the latter, notwithstanding a nominal and apparent separation; that as, from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its coordinate branches; and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security.–Federalist, no. 78,Alexander Hamilton

Answer
A
Judges lack the power to enforce their own rulings.
B
Judges can be removed from office by either of the other two branches.
C
Judges do not have legitimacy since they are appointed rather than elected.
D
Judges do not have the necessary expertise to challenge the other branches.

Explanation

Hamilton calls the judiciary naturally feeble and says it is in continual danger of being overpowered by the other branches. This refers to its limited practical power: unlike the executive, it does not command enforcement, and unlike the legislature, it does not control public funds. Therefore, the passage supports the choice that judges lack the power to enforce their own rulings; it does not claim that they lack expertise or legitimacy.

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