Does Antifederalist Have Too Much Power
The question of whether the judicial branch of the government proposed in the Constitution is given too much power is not very simple to answer. The antifederalist believed strongly that the the federal judiciary would become too powerful and that the judges would abuse their positions. The federalist argued that the system would work fine and that the balances would prevent the judiciary branch from gaining too much power over the other two.
The antifederalists thought that the proposed federal judiciary would go against individual liberty and would eventually absorb the duties and roles of state judiciary. One of their major concerns was the fact that civil cases might not be given a trial with a jury. In the Constitution, it is guaranteed a jury trial …show more content…
The Constitution gave the federal courts appeal jurisdiction not only in matters of law, but also in determining matters that would normally be decided by a jury in the lower state court. Through this appellate jurisdiction, the antifederalist worried that the federal courts would eliminate the need for verdicts from local juries and state court systems altogether. The antifederalists thought that the jurisdiction that the federal courts had was too much, and as federal power grew, which they believed was inevitable, more cases would be taken to federal courts rather than state courts, thus reducing the importance of the state courts. Another major concern of the antifederalist was the degree of judicial independence given to federal judges. The Constitution stated that judges could not be impeached. Since the they thought that the power given to the judicial branch was too great, they worried that they would eventually take control of the entire government since they
The antifederalists thought that the proposed federal judiciary would go against individual liberty and would eventually absorb the duties and roles of state judiciary. One of their major concerns was the fact that civil cases might not be given a trial with a jury. In the Constitution, it is guaranteed a jury trial …show more content…
The Constitution gave the federal courts appeal jurisdiction not only in matters of law, but also in determining matters that would normally be decided by a jury in the lower state court. Through this appellate jurisdiction, the antifederalist worried that the federal courts would eliminate the need for verdicts from local juries and state court systems altogether. The antifederalists thought that the jurisdiction that the federal courts had was too much, and as federal power grew, which they believed was inevitable, more cases would be taken to federal courts rather than state courts, thus reducing the importance of the state courts. Another major concern of the antifederalist was the degree of judicial independence given to federal judges. The Constitution stated that judges could not be impeached. Since the they thought that the power given to the judicial branch was too great, they worried that they would eventually take control of the entire government since they