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Brown v. Board of Education and Federalist #78

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Lauren Zamora
Government 170
Final Exam
To what extent does the history following the decision in Brown v. Board of Education (1954) support or reject Alexander
Hamilton’s arguments in Federalist #78?
To some extent the history following the decision in Brown v. board of Education
1954 rejects the arguments of Alexander Hamilton in Federalist #78, however some of
what he stated could be considered conducive with the events following the case ruling.
Hamilton claims that the judicial branch is the weakest branch out of all three of the
branches. Moreover, he believes that the judiciary branch has the least power because of
its lack of ability to introduce new laws and new regulations, rather it only holds the
power to interpret the laws that have been created by Congress. Hamilton explains in
Federalist # 78 that the sole power that the judicial court maintains is judicial review,
which as he sees, is the only protection for upholding a controlled Constitution, is the
potential to repeal the decisions of the two branches when they surpass the boundaries of
their mandates. The ruling determined that the concept “separate but equal” was
inherently discriminatory and by nature could not conceive equal settings for both parties
and therefore was not propitious to the Equal Protection Clause, and in turn
unconstitutional. The events following the ruling show that what Andrew Hamilton
thought, which was that the judiciary branch could bear no influence over the Executive
branch or the legislators, was not supported because the decision of Brown v. Board of
Education gave power to the judiciary branch to make an important change in society.
Following the ruling of the Brown v. Board of Education, African Americans
facilitated organized responses to the Civil Rights Movement and participated in
organized resistance directing their efforts against the public facilities that were still

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imposing segregation among patrons (Bell). Many of the local communities’ elected white
officials flat out denied the movement of desegregation. Reactions to the African-
American protests turned violent, due to uncontrollable responses from the disorderly
white community member, composed and lawful protestors were recorded being
terrorized and this was then televised for the entire nation and world to see (Bell). The
ruling inherently added tension to the opposition, however the sight of the mistreatment
of African-American protestors was enough to encourage neutral white people to take
action and support the movement.
The federalist # 78 states, that the judiciary is “weakest” of the three departments of
power; that it can never confront or tarnish the powerful decisions of the other two
branches and that all possible care is requisite to enable it to defend itself against their
attacks (Hamilton) . This however is unsupported by the facts of the ruling and post-
ruling. The decision of the case exhibited the power of the judiciary system because it
revoked the supremacy rule of the federal law over the state law, it rose above all of the
actions, Jim Crow Laws and separate but equal exploits, giving sovereignty to the
citizens begging for liberty (Bell).
Education has always fallen under the jurisdiction of state law, so when the court
ordered the states to reform their schools this was an exercise of the courts ruling being a
success in power over the state laws. Hamilton says,
The legislature not only commands the purse, but prescribes the rules by which the
duties and rights of every citizen are to be regulated. The judiciary, on the contrary,
has no influence over either the sword or the purse; no direction either of the strength
or of the wealth of the society; and can take no active resolution whatever. It may

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Lauren Zamora Government 170 Final Exam To what extent does the history following the decision in Brown v. Board of Education (1954) support or reject Alexander Hamilton's arguments in Federalist #78? To some extent the history following the decision in Brown v. board of Education 1954 rejects the arguments of Alexander Hamilton in Federalist #78, however some of what he stated could be considered conducive with the events following the case ruling. Hamilton claims that the judicial branch is the weakest branch out of all three of the branches. Moreover, he believes that the judiciary branch has the least power because of its lack of ability to introduce new laws and new regulations, rather it only holds the power to interpret the laws that have been created by Congress. Hamilton explains in Federalist # 78 that the sole power that the judicial court maintains is judicial review, which as he sees, is the only protection for upholding a controlled Constitution, is the potential to repeal the decisions of the two branches when they surpass the boundaries of their mandates. The ruling determined that the concept "separate but equal" was inherently discriminatory and by nature could not conceive equal settings for both parties and therefore was not propitious to the Equal Protection Clause, and in turn unconstitutional. The events following the ruling show that what Andrew Hamilton thought, which was that the judiciary branch could bear no influence over the Executive b ...
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