Federalist No. 78

Definition

Federalist No. 78 is an essay written by Alexander Hamilton that discusses the role of the judiciary in the new American government, emphasizing its independence and the importance of judicial review. This essay argues that the judiciary should be the weakest of the three branches of government, as it has no influence over either the sword or the purse, but instead serves as a guardian of the Constitution by interpreting laws and ensuring they align with constitutional principles.

5 Must Know Facts For Your Next Test

1. Hamilton argued in Federalist No. 78 that judges should have lifetime appointments to ensure their independence from political pressures.
2. The essay emphasizes that the judiciary must interpret laws in accordance with the Constitution, reinforcing the idea of checks and balances.
3. Hamilton believed that an independent judiciary would protect minority rights against potential tyranny of the majority.
4. Federalist No. 78 supports the notion that laws contrary to the Constitution are void, establishing a foundation for judicial review.
5. This essay laid important groundwork for future Supreme Court cases, solidifying the role of the judiciary in safeguarding constitutional principles.

Review Questions

• How does Federalist No. 78 define the role of the judiciary within the framework of government?
  • Federalist No. 78 defines the judiciary as the least powerful branch of government, with no control over military or financial resources. Hamilton emphasizes that its primary role is to interpret laws and ensure they align with constitutional principles. This position reinforces the concept that while judges hold significant responsibility in upholding justice and protecting rights, they rely on the other branches to enforce their rulings.
• Discuss the significance of lifetime appointments for judges as presented in Federalist No. 78 and its impact on judicial independence.
  • In Federalist No. 78, Hamilton argues that lifetime appointments for judges are crucial for maintaining an independent judiciary free from political influence. By ensuring that judges do not face re-election or reappointment, they can make decisions based solely on legal principles and constitutional mandates rather than succumbing to political pressures. This structure is designed to preserve a balance among branches of government and protect individual rights against transient majorities.
• Evaluate how Federalist No. 78 has influenced contemporary understandings of judicial power and constitutional interpretation.
  • Federalist No. 78 has significantly shaped contemporary views on judicial power, particularly regarding judicial review and constitutional interpretation. By establishing that laws conflicting with the Constitution are void, it laid the groundwork for landmark Supreme Court cases such as Marbury v. Madison, which asserted the court's authority to strike down unconstitutional legislation. The emphasis on an independent judiciary has fostered ongoing discussions about its role in checking legislative and executive powers while safeguarding individual rights in a complex democratic society.

Related terms

Judicial Review:

The power of courts to examine and invalidate legislation or executive actions that are contrary to the Constitution.

Separation of Powers:

A fundamental principle of American government that divides authority among three branches: legislative, executive, and judicial.

Constitutionalism: The principle that government authority is derived from and limited by a constitution.