"The judiciary, on the contrary, has no influence over either the sword or the purse... and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment... 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." — Alexander Hamilton, Federalist No. 78 (1788)
Hamilton's central argument here is that:
- A
The judiciary's strength derives from its alliance with the executive's military power
- Bcheck_circle
Lifetime tenure for judges poses minimal danger because the courts lack force and revenue
- C
Federal judges should be elected by state legislatures to ensure accountability
- D
Judicial review of state laws would inevitably produce sectional conflict
Explanation
Hamilton argued the courts are the "least dangerous" branch precisely because they control neither armed force nor revenue, so lifetime tenure poses no threat to liberty. The other options contradict him: he opposed legislative selection, defended judicial review, and explicitly distinguished the courts from the sword.