What claim put forward by those opposed to a strong and independent judiciary does Hamilton address?

 

Hamilton addresses several issues concerning the independence of the judiciary. He argued for the independence of the judiciary from the other arms of government, the legislative and executive arms. His maintained that the judiciary ought to be strengthened to deal with the laws passed by Congress "contrary to the manifest tenor of the constitution." He claimed that judiciary was the weakest among the other three branches. Due to this weakness, the United States constitution safeguards the judiciary from the executive and legislature by what he termed as "permanency in office." Hamilton argued that, by making the tenure of federal judges permanent, the constitution makes sure that judges shall not be compromised based of the whims or interests of another arm of government. He maintains that this will create significant independence of judges allowing them to protect the rights of individuals and constitution against "legislative invasions." According to Hamilton, the essence of the judicial branch is to "declare all acts contrary to the manifest tenor of the Constitution void." This implies ruling any policy or law in accordance with the constitution, unconstitutional. He argued against popularly elected judges maintaining that "the courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGEMENT."