Hamilton's Position Paper

Hamilton focuses on three subjects in this paper. First, the process of appointing judges. Second, the tenure which they are to hold their places. Lastly, the judiciary authority among different courts and their relationship (Hamilton p.1). This paper examines the justification for their tenure, meaning the appointment for life under a good behavior. Once comparing the three branches, Hamilton discusses the judiciary as the least dangerous to the political rights of the constitution because it does not have the force or the will (Hamilton p.2). He explains force as decisions made by the court that can only be implemented by the executive branch. Will is the fact that courts are not able to interpret the law according to their desires or political views. By making this comparison, Hamilton makes the first important point in this paper, the terms of office should be appointed to life to protect the judiciary from the other stronger branches of government (Hamilton p.2). His second point is regarding the limited constitution that gives enumerated powers to the federal government.