Federalist 78,79,81
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What is said about the tenure of judges?
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Life tenure by which judges are to hold their places during good behavior.
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Why is the judiciary the least dangerous branch?
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It is the weakest because it does not have executive or congress, so it has neither force nor will only judgement.
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Why can the courts declare laws void?
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If laws go against the constitution the courts can declare the laws void and be a safeguard between the legislature and the people. The constitution is the will of the people, so the judges are responsible to stand up for the will of the people.
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What is another obligation the judiciary has?
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The courts are an intermediate guard between the legislature and the people.
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Why are the courts not superior to the legislature?
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The power of the people is superior, the courts just uphold the constitution and they cannot do anything else.
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Why is Independence of judges necessary and how did the constitution provide it?
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The courts need to make the best decision when it comes down to laws and the constitution, so they cannot be swayed by different people. They must do whatever fits the constitution. THis is why they positions are permanent.
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What can legislature do and can't do regarding judicial salary and what are two advantages of their salary?
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Legislature cannot diminish the salary, but can only increase it over time. 1) They can make decisions without concern. 2) They can measure for inflation, so they do not have to worry about making a living.
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What insurance is given that all judges will act responsibly?
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they could be impeached by the House and tried by the Senate.
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What is the importance of the inferior courts?
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Not everything has to go to the supreme courts because they take care of the less important cases to take the pressure off the superior courts.