Federalist No. 78

Definition

Federalist No. 78 is one of the essays written by Alexander Hamilton as part of The Federalist Papers, which advocate for the ratification of the U.S. Constitution. This particular essay focuses on the importance and role of the judiciary, arguing that an independent judicial branch is crucial for protecting individual rights and maintaining a system of checks and balances within the government.

5 Must Know Facts For Your Next Test

1. Federalist No. 78 emphasizes that the judiciary should be independent from the other branches to avoid undue influence and to safeguard individual liberties.
2. Hamilton argues that judges should hold their positions during good behavior, ensuring stability and consistency in legal interpretations.
3. The essay asserts that the courts have a duty to interpret the law and declare legislative acts void if they are contrary to the Constitution.
4. Hamilton sees an independent judiciary as a key defender against potential tyranny by the legislature or executive.
5. Federalist No. 78 establishes a foundational argument for judicial review, which later became an essential principle in U.S. constitutional law.

Review Questions

• How does Federalist No. 78 articulate the need for an independent judiciary in relation to safeguarding individual rights?
  • In Federalist No. 78, Hamilton argues that an independent judiciary is vital for protecting individual rights because it serves as a check on legislative and executive powers. By having judges who are appointed for life, they can make decisions based solely on their interpretation of the law without fear of political repercussions. This independence ensures that courts can defend citizens against potential abuses from other branches of government, thereby upholding fundamental liberties.
• Analyze how Federalist No. 78 connects to the broader framework of checks and balances within the U.S. government.
  • Federalist No. 78 plays a crucial role in explaining how checks and balances function within the U.S. government by emphasizing the judiciary's role in reviewing laws passed by Congress. Hamilton highlights that if legislative actions contradict the Constitution, it is the responsibility of the courts to strike down those laws. This mechanism is essential to preventing any single branch from accumulating too much power and ensures that all governmental actions adhere to constitutional principles.
• Evaluate the implications of Hamilton's arguments in Federalist No. 78 on modern interpretations of judicial review and its impact on governance.
  • Hamilton's arguments in Federalist No. 78 have had lasting implications for modern interpretations of judicial review, asserting that it is necessary for maintaining constitutional order. The establishment of judicial review allows courts to challenge both legislative and executive decisions, leading to significant legal precedents that shape governance today. This framework not only protects individual rights but also fosters a dynamic interplay among government branches, influencing contemporary discussions about the limits of power and accountability in democratic governance.

Related terms

Judicial Review: The power of courts to assess whether a law is in compliance with the Constitution, effectively allowing them to invalidate laws that are deemed unconstitutional.

Checks and Balances: A system in which each branch of government has the power to limit the actions of the other branches, ensuring that no single branch becomes too powerful.

The Federalist Papers: A series of 85 articles and essays written by Hamilton, James Madison, and John Jay promoting the ratification of the United States Constitution.