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Federalist No. 78

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❶Those concerned about this problem mentioned that there was no safeguard in the Constitution to prevent this.

Federalist No. 78

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50 Documents That Tell America’s Story
Alexander Hamilton, James Madison, and John Jay

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Neither you, nor the coeditors you shared it with will be able to recover it again. Comments 0 Please log in to add your comment. Transcript of Federalist Paper 78 Works Cited http: The same should apply to actions taken by the executive.

Three Subjects Covered There are three subjects covered in this and subsequent papers. First, the mode of appointing judges. Second, the tenure by which they are to hold their places. Third, the partition of the judiciary authority between different courts and their relations to each other. The first, the mode of appointing judges has been covered in the preceding two papers and is not discussed further.

Judicial Branch The judiciary must also be independent, according to Hamilton, so that it may fulfill its main purpose in a constitutional government: Here, Hamilton made his second major point. To protect those rights, he proclaimed, the judiciary must be given the power of Judicial Review to declare as null and void laws that it deems unconstitutional. There are three subjects covered in this and subsequent papers: First, the mode of appointing judges.

Second, the tenure by which they are to hold their places, and third, the partition of the judiciary authority between different courts and their relations to each other. The first, the mode of appointing judges has been covered in the preceding two papers and is not discussed further.

Interestingly this and all remaining papers have the same date. This paper deals exclusively with the rationale for their tenure which is they hold their offices during good behavior, that is for life. He begins by comparing the power of the judiciary to the other branches of government and claims the judiciary is the least dangerous to the political rights of the constitution for it controls neither the sword of the executive nor the purse controlled by the legislative.

What does this mean? Force we understand, decisions made by the courts can only be enforced by the executive branch. Will means the courts can not interpret laws based on the courts desires, or political views, in other words they are not activists. I Hamilton mean so long as the judiciary remains truly distinct from both the legislative and executive.

For I agree that there is no liberty if the power of judging be not separated from the legislative and executive powers. He then goes on to the second important point. As an aside, I find it curious that the Constitution does not explicitly give the courts the sole power to decide constitutionality of the laws even though the issue was discussed during the drafting of the Constitution.

Hamilton describes it as a duty and their province. A constitution is in fact, and must be, regarded by the judges as a fundamental law.

It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. It was not until that the Supreme Court declared that it had not only the duty but it was their province to decide unconstitutionality, called judicial review.

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It takes many years to fully understand the meaning of these laws and a short term of office would discourage able and honest men from seeking an appointment to the courts; they would be reluctant to give up lucrative law practices to accept a temporary judicial appointment. Elizabeth ed. "The Federalist Papers Essay 78 Summary and Analysis.

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The Federalist Papers Summary No Hamilton May 28, This paper begins an examination of the judiciary department of the proposed government.

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Summary This section of six chapters deals with the proposed structure of federal courts, their powers and jurisdiction, the method of appointing judges, and re Federalist No. 78 (Hamilton) Sign In | Sign Up. Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. In short, they are independent of the people, of the legislature, and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself.

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Federalist Papers #78 Hamilton thought that the courts had to regard the Constitution as fundamental law, and it was, therefore, the responsibility of the courts to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body. > Federalist No. 78 Print This Page. Federalist No. Publius (Alexander Hamilton) Full Document; Summary; We proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out.