Federalist No. 78

Definition

Federalist No. 78 is an essay written by Alexander Hamilton, one of the Founding Fathers of the United States, as part of the Federalist Papers. It discusses the role of the judiciary in the new government proposed by the Constitution, and argues for the importance of an independent judiciary as a check on the power of the other branches of government.

5 Must Know Facts For Your Next Test

1. Federalist No. 78 argues that the judiciary should be independent from the other branches of government, with judges serving lifetime appointments to protect them from political pressure.
2. The essay emphasizes the importance of the judiciary's role in interpreting the Constitution and ensuring that the other branches of government do not overstep their constitutional boundaries.
3. Federalist No. 78 contends that the judiciary is the 'least dangerous' branch of government, as it has no direct control over the 'sword or the purse' and must rely on the other branches to enforce its decisions.
4. The essay also addresses the concept of judicial review, the power of the courts to declare acts of the legislative or executive branches unconstitutional.
5. Federalist No. 78 played a crucial role in shaping the American system of government, particularly the independence and authority of the judiciary.

Review Questions

• Explain the key arguments made in Federalist No. 78 regarding the role of the judiciary in the proposed U.S. Constitution.
  • Federalist No. 78, written by Alexander Hamilton, argues that the judiciary should be an independent branch of government, with judges serving lifetime appointments to protect them from political pressure. The essay emphasizes the importance of the judiciary's role in interpreting the Constitution and ensuring that the other branches of government do not overstep their constitutional boundaries. It contends that the judiciary is the 'least dangerous' branch of government, as it has no direct control over the 'sword or the purse' and must rely on the other branches to enforce its decisions. Federalist No. 78 also addresses the concept of judicial review, the power of the courts to declare acts of the legislative or executive branches unconstitutional, which played a crucial role in shaping the American system of government.
• Describe how Federalist No. 78 contributes to the concept of checks and balances in the U.S. Constitution.
  • Federalist No. 78 is instrumental in establishing the judiciary as an independent branch of government, capable of serving as a check on the power of the legislative and executive branches. By arguing for the importance of judicial review, the essay emphasizes the courts' ability to declare acts of the other branches unconstitutional, thereby preventing any one branch from becoming too powerful. This concept of checks and balances, where each branch of government has the ability to limit the power of the others, is a fundamental principle of the U.S. Constitution that is reinforced by the arguments made in Federalist No. 78. The essay's defense of an independent judiciary, with lifetime appointments to insulate judges from political pressure, further strengthens the system of checks and balances by ensuring the courts can fulfill their role as a check on the other branches.
• Analyze how the ideas presented in Federalist No. 78 influenced the ratification of the U.S. Constitution and the development of the American system of government.
  • Federalist No. 78 played a crucial role in the ratification of the U.S. Constitution by addressing concerns about the power of the judiciary and its potential to become a threat to the other branches of government. By emphasizing the importance of an independent judiciary and the concept of judicial review, the essay helped to allay fears that the courts would become too powerful. The arguments made in Federalist No. 78 also influenced the development of the American system of government, as they contributed to the establishment of the judiciary as a co-equal branch of government, capable of serving as a check on the legislative and executive branches. The essay's defense of lifetime appointments for judges further reinforced the independence of the judiciary and its ability to interpret the Constitution without undue political influence. Overall, the ideas presented in Federalist No. 78 were instrumental in shaping the balance of power and the system of checks and balances that are fundamental to the American system of government.

Related terms

Federalist Papers:

A collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay, advocating for the ratification of the U.S. Constitution.

Judicial Review:

The power of the courts to review the actions of the legislative and executive branches of government and to declare them unconstitutional if they are found to be in violation of the Constitution.

Checks and Balances:

A system of distribution of power among the three branches of government (legislative, executive, and judicial) to prevent any one branch from becoming too powerful.