Federalist 80: The Power of the Judiciary

Introduction

• Author: Alexander Hamilton
• Purpose: To explain the proper extent of the federal judiciary's power.
• Audience: People of the State of New York

Main Points

Proper Objects of Federal Judiciary Authority

1. Laws of the United States
   • Cases arising from laws passed under constitutional powers.
2. Articles of Union
   • Cases concerning execution of provisions in the union's articles.
3. U.S. as a Party
   • Cases involving the United States as a party.
4. Peace of the Confederacy
   • Cases involving peace between states or with foreign nations.
5. High Seas and Maritime Jurisdiction
   • Cases originating on high seas or under admiralty jurisdiction.
6. Impartiality Concerns
   • Cases where state tribunals may lack impartiality.

Justifications

• Efficacy of Constitutional Provisions
  • Need a constitutional method to enforce and observe restrictions on state legislatures.
  • Options: Federal courts' authority or a direct negative on state laws.
• Uniformity in Law Interpretation
  • Essential to avoid contradictions and confusion from multiple courts.
• National Responsibility
  • The union is accountable for its members' actions, especially regarding foreign disputes.
• Internal Peace and Harmony
  • Federal judiciary can prevent conflicts between states and their citizens.

Distinction in Cases

• Constitution vs. Laws
  • Cases may arise under the constitution independently of United States laws.
• Equity Jurisdiction
  • Necessary for dealing with fraud, accident, and other equitable matters.

Detailed Assessment of Judicial Authority

1. Cases under Constitution and Laws
   • Corresponds with jurisdiction over constitutional and legislative issues.
2. Treaties and International Matters
   • Related to preservation of national peace.
3. Admiralty and Maritime Cases
   • Specific to maritime jurisdiction.
4. Controversies Involving U.S.
   • U.S. involvement necessitates federal jurisdiction.
5. State and Citizen Disputes
   • Includes disputes between states or citizens of different states.
6. Intra-state Land Claims
   • Disputes over land grants from different states.
7. International Disputes
   • Involves foreign states, citizens, or subjects.

Conclusion

• Conformity to Principles
  • Federal judiciary powers align with necessary principles for system perfection.
• Legislative Flexibility
  • National legislature can adapt regulations to address specific issues.
• General Principle vs. Particular Inconveniences
  • General advantages outweigh potential minor issues.

Sign-off

• Publius
  • Pseudonym used by Hamilton.