Federalist 78: Key Points and Ideas

Overview

• Federalist Papers: Written to argue for the ratification of the U.S. Constitution.
• Federalist 78 by Alexander Hamilton focuses on the judicial branch of the new federal government.

Need for a Federal Court System

• Under the Articles of Confederation, there was no federal court system.
• Consensus on the necessity of a new judicial institution.
• Debate centered on the appointment, length of tenure, and power of justices.

Appointment and Tenure of Judges

• Appointment: Federal judges are appointed by the President (Article 3 of the Constitution).
• Tenure: Judges hold office during "good behavior," effectively granting lifetime appointments.
  • Designed to keep judges independent from popular political pressures.
  • Lifetime tenure allows judges to rule impartially, without worrying about re-election.
  • Practicality: Stability in office allows judges to handle the complex body of legal precedent efficiently.

Concerns and Counterarguments

• Anti-Federalist Concerns: Life tenure removes judges from public accountability.
• Hamilton’s Defense: Lifetime appointments are necessary for judicial independence.
  • Judges act as bulwarks against legislative encroachments.
  • Prevents the judiciary from becoming politically motivated.
  • Encourages qualified individuals to leave lucrative legal practices for judicial appointments.

Power and Scope of the Judicial Branch

• Judicial Review: Courts must declare unconstitutional acts void.
  • Ensures laws passed by Congress are in line with the Constitution.
  • If laws are not constitutional, they are null and void.
• Balance of Power:
  • Concern: Judicial review could make the judiciary more powerful than the legislature.
  • Hamilton's Rebuttal: Courts serve as an intermediate body to balance legislative actions.
  • The power of the people (constitution) is superior to both judiciary and legislature.

Conclusion

• Lifetime Appointments: Essential for judicial independence and integrity.
• Judicial Review: Balances the power of the legislature without making the judiciary superior.

Additional Resources

• For further study and review materials, refer to specialized review packets and AP exam preparation resources.
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