The federalist no 78. Federalist 78 (1788) 2022-10-20
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The Federalist No. 78, also known as "The Judiciary Department," is an essay written by Alexander Hamilton, one of the Founding Fathers of the United States, as part of The Federalist Papers. In this essay, Hamilton discusses the role and importance of the judiciary branch of the U.S. government, and how it serves as a check and balance on the other two branches: the legislative and the executive.
Hamilton begins by stating that the judiciary is the "least dangerous" branch of government, as it has "neither force nor will, but merely judgment." This means that the judiciary does not have the power to enforce its decisions or carry out actions, but rather, it relies on the other branches to carry out its judgments.
He goes on to argue that the independence of the judiciary is essential to the preservation of a free society, as it ensures that the laws are applied and interpreted impartially and without bias. Hamilton also asserts that the judiciary serves as a "bulwark of a limited Constitution" by serving as a check on the power of the other two branches.
Hamilton also addresses the concern that the judiciary may become too powerful, and suggests that the system of checks and balances built into the U.S. Constitution, as well as the appointments process for judges, serves to prevent this from happening. He also notes that the judiciary's lack of force and will, as well as its reliance on the other branches to carry out its judgments, helps to ensure that it remains a limited and powerless branch of government.
In conclusion, The Federalist No. 78 is an important essay that highlights the importance of the judiciary in maintaining a free and just society. Hamilton's arguments in favor of the independence of the judiciary and its role as a check on the power of the other branches continue to be relevant today, and serve as a reminder of the crucial role that the judiciary plays in upholding the principles of the U.S. Constitution.
What are the main points in Federalist No 78?
No legislative act, therefore, contrary to the Constitution, can be valid. This simple view of the matter suggests several important consequences. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. Here also the firmness of the judicial magistracy is of vast importance in mitigating the severity and confining the operation of such laws. So it is up to the three appeals commissioners to enforce the rules and laws. This type of treatment is called legitimacy and is perhaps the most important attribute that the courts desire to coddle and protect.
The problem is not specifically a politician problem, a policy problem, or a polarization problem: It is a system problem. No branch reigns supreme, only the Constitution reigns supreme. They are not elected nor responsible to anyone except the two major parties and has total judicial powers to enforce arbitrary rules. But it is easy to see, that it would require an uncommon portion of fortitude in the judges to do their duty as faithful guardians of the Constitution, where legislative invasions of it had been instigated by the major voice of the community. Without this, all the reservations of particular rights or privileges would amount to nothing.
Summary This section of six chapters deals with the proposed structure of federal courts, their powers and jurisdiction, the method of appointing judges, and related matters. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. Here also the firmness of the judicial magistracy is of vast importance in mitigating the severity and confining the operation of such laws. And yet, most Americans treat court rulings as if they hold the force of law… as if they are law. So, you can see why Hamilton was so concerned about how to preserve, protect and even encourage the power of the courts against the power of the other two branches. As to the tenure by which the judges are to hold their places; this chiefly concerns their duration in office; the provisions for their support; the precautions for their responsibility. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
His belief was that a governmental power should be concentrated in the hands of those few men who had the talent and intelligence to govern properly for the good of all the people. But it is easy to see, that it would require an uncommon portion of fortitude in the judges to do their duty as faithful guardians of the Constitution, where legislative invasions of it had been instigated by the major voice of the community. Orderly and lawful action; conduct that is deemed proper for a peaceful and law-abiding individual. Hamilton was trying to downplay the Anti-Federalists fears of a too-powerful Supreme Court. The interpretation of the laws is the proper and peculiar province of the courts. They teach us that the prior act of a superior ought to be preferred to the subsequent act of an inferior and subordinate authority; and that accordingly, whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former. In the present circumstances of this country, and in those in which it is likely to be for a long time to come, the disadvantages on this score would be greater than they may at first sight appear; but it must be confessed, that they are far inferior to those which present themselves under the other aspects of the subject.
This is a protection against abuse of power by Congress. The Constitution of the United States provides that federal judges shall hold their offices during good behavior, which means that they cannot be discharged but can be impeached for misconduct. The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body. The tenure by which they are to hold their places. What stage are you in the personal financial life cycle? To these points, therefore, our observations shall be confined. It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power.
The Federalist Papers Essay 78 Summary and Analysis
By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex-post-facto laws, and the like. GradeSaver, 30 December 2011 Web. It was argued that this implied a "superiority of the judiciary to the legislative power. The reasons for this vary from an essay being too lengthy to ensuring continuity from one document to the next. Develop a suitable budget and build the discipline to live within your income so that you don? To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them; and it will readily be conceived from the variety of controversies which grow out of the folly and wickedness of mankind, that the records of those precedents must unavoidably swell to a very considerable bulk, and must demand long and laborious study to acquire a competent knowledge of them. The Constitution of the United States provides that federal judges shall hold their offices during good behavior, which means that they cannot be discharged but can be impeached for misconduct.
There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. Because the American people perceive them to be powerful, they are powerful. What did Federalist No 78 help establish quizlet? The partition of the judiciary authority between different courts, and their relations to each other. No legislative act, therefore, contrary to the Constitution, can be valid. The Federalists countered that a strong government was necessary to lead the new nation and promised to add a bill of rights to the Constitution. . As to the mode of appointing the judges; this is the same with that of appointing the officers of the Union in general, and has been so fully discussed in the two last numbers, that nothing can be said here which would not be useless repetition.
It has been frequently remarked, with great propriety, that a voluminous code of laws is one of the inconveniences necessarily connected with the advantages of a free government. He disliked state governments and believed that they should be eliminated entirely. This ever changing ability to earn income and our ever changing wants and needs can be described as our financial life cycle. The complete independence of the courts of justice is peculiarly essential in a limited Constitution. Each branch has its own characteristics, but what distinguishes this branch from other two is that Judiciary is passive.