Tuesday, October 22, 2013

Assignment #5
Madison
 The latent causes of faction are thus sown in the nature of man, and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society. A zeal for different opinions concerning religion, concerning government, and many other points, as well of speculation and practice; an attachment to different leaders ambitiously contending for pre-eminence and power; or to persons of other descriptions whose fortunes have been interesting to the human passions, have, in turn, divided mankind into parties, inflamed them with mutual animosity, and rendered them much more disposed to vex and oppress each other than to cooperate for their common good (pp. 92-93).

 Hamilton A Constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents (p. 121).

 What Madison was trying to say with this statement is that it is in human nature for people to divide themselves up into special groups. These groups are generally based upon similar interests or in his case by political beliefs. He feels that when this is done, when people divide themselves into special groups and form parties they will begin to follow and grow attached to a leader. He feels that hatred for other groups stems from this division and that groups will begin to dislike one another solely based upon the small differences they share.They would rather fight over petty things instead of making sacrifices for the greater good by just joining forces. I chose this statement because of the relevance it holds true to this day. We have two main political parties, the Democratic Party and the Republican Party, who choose not to cooperate. Their dislike for one another goes so deep that they would rather reject something the opposition proposes, that will be beneficial for the country as a whole, just to spite and see the other fail and squirm. When in actuality they were elected to their respective seats to make sure that the American people are represented and have a voice, but by not compromising the people remain voiceless and are ultimately made to suffer.

 Hamilton's statement regarding the Constitution was saying that it is the basis of all law. That being said it is the job of the judges to place meaning to each part of it. It's their duty to know the Constitution and come up with a logical meaning for each part. They do this in order to prepare for cases that will test their knowledge of it. These cases may call upon their knowledge of it and from that they have to decide whether or not a crime was committed. This is done differently for each case because as like snowflakes no two cases are the same. I picked this statement because of how true it is. The Constitution is nothing more than just the ground work for law. It sets up the U.S legal system and it is the purpose of the judge to make sense of it. Since most amendments to it are rather old it is the place of the judge to decipher them and from their understanding of it place judgement in cases.

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