Eleanor Finch
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers, published under the pseudonym Publius. It was written to explain and justify the structure of the judiciary under the proposed Constitution of the United States and address Anti-Federalist concerns over the scope and power of the federal judiciary. The essay discusses the power of judicial review and argues that federal courts have the duty to interpret and apply the Constitution, disregarding any statute that conflicts with it. Federalist No. 78 highlights the importance of an independent judiciary to protect individual liberties and prevent the concentration of power. While not a constitutional document itself, it is a significant text in the history of American constitutional interpretation and has been frequently cited by US jurists.
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What You'll Learn
The judiciary as the weakest branch of government
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. It was published on May 28, 1788, and first appeared in a newspaper on June 14 of the same year. The Federalist Papers were written and published to urge New Yorkers to ratify the proposed United States Constitution.
Federalist No. 78, titled "The Judicial Department", discusses the power of judicial review. Hamilton defined the judicial branch as the weakest and least dangerous branch of the new national government. This is because the judiciary has no influence over either the sword or the purse, and can take no active resolution. It may be said to have neither force nor will, but merely judgment.
Hamilton argues that federal judges should retain life terms as long as those judges exhibit good behaviour. Life tenure promotes judicial independence and is an essential feature of the federal judiciary. It gives federal judges the independence necessary to check the legislative branch.
Federalist No. 78 views Supreme Court Justices as an embodiment of the Constitution, the last group to protect the foundation laws set up in the Constitution. It argues that the power of judicial review should be used by the judicial branch to protect the liberties guaranteed to the people by the Constitution and to provide a check on the power of the legislature. It also addresses concerns by the Anti-Federalists over the scope and power of the federal judiciary, which would have comprised unelected, politically insulated judges who would be appointed for life.
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The power of judicial review
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. It was published under the pseudonym Publius on May 28, 1788, and first appeared in a newspaper on June 14 of the same year. The essay was written to explain and justify the structure of the judiciary under the proposed Constitution of the United States. It is one of six essays by Hamilton on this issue and addresses concerns by the Anti-Federalists over the scope and power of the federal judiciary.
Federalist No. 78 discusses the power of judicial review and argues that federal courts have the duty to interpret and apply the Constitution, disregarding any statute that is inconsistent with it. According to the essay, the federal courts should determine whether acts of Congress are constitutional and protect the liberties guaranteed to the people by the Constitution. Hamilton viewed the judicial branch as inherently weak due to its inability to control the country's money or military. Despite this weakness, he believed that the possibility of corruption using judicial review was not an issue. He argued that the general liberty of the people was safe as long as the judiciary remained distinct from the legislature and the Executive.
Hamilton further asserted that the interpretation of laws is the province of the courts and that judges must regard the Constitution as a fundamental law. He suggested that the power of judicial review should be used to protect the liberties of the people and to check the power of the legislative branch. In Federalist No. 78, Hamilton and his Anti-Federalist rival, Brutus, debated the degree of independence and accountability to be granted to federal judges. They discussed the removal of judges from office and the potential abrogation of judicial independence by legislative bodies, as seen in England at the time.
The Federalist Papers, including Federalist No. 78, are frequently cited by U.S. jurists for constitutional interpretation, although they are not law themselves. They were written and published to urge New Yorkers to ratify the proposed United States Constitution, explaining its particular provisions in detail. The essays are considered valuable for interpreting the intentions of the drafters of the Constitution, as both Hamilton and Madison were members of the Constitutional Convention.
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The independence of federal judges
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. It was published under the pseudonym Publius on May 28, 1788, and first appeared in a newspaper on June 14 of the same year. It was written to explain and justify the structure of the judiciary under the proposed Constitution of the United States. The essay addresses concerns over the scope and power of the federal judiciary, which would have comprised unelected, politically insulated judges appointed for life.
Federalist No. 78 discusses the power of judicial review and argues that federal courts have the duty to interpret and apply the Constitution, determining whether acts of Congress are constitutional. It asserts that the federal courts should protect the liberties guaranteed to the people by the Constitution and act as a check on the power of the legislature. According to Federalist No. 78, the federal courts should disregard any statute that is inconsistent with the Constitution, giving preference to the Constitution over statutes.
The essay also highlights the importance of the independence of federal judges. It argues that the judiciary, due to its nature, will always be the least dangerous to the political rights of the Constitution as it has no influence over the sword or the purse. The judiciary is seen as merely having judgment and being dependent on the executive for the efficacy of its judgments. Thus, Federalist No. 78 views the judicial branch as inherently weak, making the possibility of corruption a non-issue.
The essay further emphasizes the need for the separation of powers between the judiciary, executive, and legislative branches. It suggests that federal judges should hold their offices during good behavior, promoting a steady, upright, and impartial administration of the laws. This tenure is considered an important feature of good government, providing a barrier against despotism or encroachments by the representative body.
While Federalist No. 78 is not a constitutional document in itself, it is a significant text in the interpretation of the Constitution. It provides insights into the intentions of those who drafted the Constitution and has been frequently cited by U.S. jurists. The Federalist Papers, including Federalist No. 78, were written to urge the adoption of the Constitution and explain its provisions in detail.
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The role of the judiciary in interpreting the Constitution
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. It was written to explain and justify the structure of the judiciary under the proposed United States Constitution. The essay discusses the power of judicial review and argues that federal courts have the responsibility of interpreting and applying the Constitution, determining whether acts of Congress are constitutional, and safeguarding the liberties guaranteed to the people by the Constitution.
Federalist No. 78 highlights the importance of an independent and impartial judiciary, free from political and public influence. Federal judges are appointed for life, insulating them from swings in public sentiment and ensuring their decisions are based on the Constitution rather than personal or political agendas. The essay also emphasises the role of the judiciary in protecting the liberties of the people, viewing the judicial branch as inherently weak due to its lack of control over money or the military.
The interpretation of the Constitution by the judiciary involves examining the text and intent of the document, considering the methods of interpretation such as pragmatism, moral reasoning, and national identity. The judiciary's interpretation of the Constitution guides their decision-making, ensuring that the laws and actions of the legislative and executive branches align with the Constitution's provisions and values.
In conclusion, the judiciary plays a vital role in interpreting the Constitution, safeguarding the rights and liberties of the people, and maintaining the balance of powers between the branches of government. Federalist No. 78 underscores the importance of an independent and impartial judiciary in upholding the principles enshrined in the Constitution and protecting the foundation of the United States government.
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The proposed Constitution's structure of the judiciary
Federalist No. 78, titled "The Judiciary Department", is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. It was first published on May 28, 1788, and was written to explain and justify the structure of the judiciary under the proposed Constitution of the United States. The Federalist Papers were written to encourage New Yorkers to ratify the proposed Constitution, which was drafted in Philadelphia in the summer of 1787.
Federalist No. 78 discusses the power of judicial review and the role of the federal courts in interpreting and applying the Constitution. It argues that the federal judiciary has the duty to determine whether statutes are constitutional and to find them invalid if they conflict with the Constitution. This is based on the principle that the Constitution is the fundamental law that takes precedence over any legislative act. The essay also addresses the independence and accountability of federal judges, including the debate over the degree of independence granted to them.
According to Federalist No. 78, the judiciary is inherently weak compared to the other branches of government because it has no control over the money or the military. It relies on the executive branch to enforce its judgments. However, this weakness is seen as a safeguard against corruption and a guarantee of liberty for the people. The essay asserts that the judiciary's power of judgment must be separate from the legislative and executive powers to protect individual liberty.
The manner of constituting the judiciary, as discussed in Federalist No. 78, includes the mode of appointing judges, the tenure by which they hold their places, and the partition of judiciary authority between different courts. The essay also touches on the concerns of Anti-Federalists over the scope and power of the federal judiciary, which would include unelected, politically insulated judges appointed for life.
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Frequently asked questions
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers.
Federalist No. 78 was written to explain and justify the structure of the judiciary under the proposed Constitution of the United States. It addresses concerns over the scope and power of the federal judiciary, which would have comprised unelected, politically insulated judges appointed for life.
Federalist No. 78 argues that the federal courts have a duty to interpret and apply the Constitution, and to disregard any statute that is inconsistent with it. It also discusses the power of judicial review, asserting that federal courts have the responsibility of determining whether acts of Congress are constitutional.
No, Federalist No. 78 is not a constitutional document. It is part of The Federalist Papers, which were written and published to urge the adoption of the Constitution. While The Federalist Papers are frequently cited by U.S. jurists and used to interpret the intentions of those drafting the Constitution, they are not law.
