Overview
This lecture analyzes Federalist No. 78, focusing on the structure, powers, and independence of the judiciary under the proposed U.S. Constitution.
Structure and Purpose of the Judiciary
- The federal judiciary is necessary to remedy defects in the Articles of Confederation.
- Main concerns addressed are the mode of appointing judges and the extent of judicial power.
- Judges are to be appointed similarly to other federal officers.
- Judges hold office during "good behaviour," aligning with state constitutions and protecting institutional independence.
Judicial Independence and Power
- Judicial tenure during good behaviour prevents abuses by the executive or legislative branches.
- The judiciary is the weakest branch; it controls neither the military (“sword”) nor finances (“purse”).
- Courts rely on the executive for enforcement of judgments.
- The judiciary cannot endanger liberty as long as it remains independent from other branches.
Role of the Judiciary in Limited Government
- Limited constitutions contain explicit exceptions to legislative power.
- Only courts can declare legislative acts void if they conflict with the Constitution.
- Judicial review does not make the judiciary superior but ensures the Constitution’s supremacy over statutes.
Interpretation and Judicial Review
- Courts resolve conflicts between laws, favoring the Constitution over contradictory statutes.
- Judges act as intermediaries between the people and legislature, safeguarding constitutional limits.
- The rule of construction: newer statutes override older ones unless they contradict a higher authority like the Constitution.
Necessity of Judicial Permanency
- Judicial independence requires life tenure; temporary appointments encourage bias or compromise.
- Qualified judges require extensive legal knowledge and integrity, limiting the pool of candidates.
- Temporary tenure deters qualified individuals from accepting judicial positions.
Key Terms & Definitions
- Judicial Review — the power of courts to declare legislative acts void if they violate the Constitution.
- Good Behaviour — the standard by which federal judges retain their office, meaning they serve for life unless impeached.
- Limited Constitution — a constitution with defined constraints on government authority.
- Judicial Independence — freedom of courts from influence by the executive and legislative branches.
Action Items / Next Steps
- Review arguments for judicial independence and life tenure.
- Study examples of judicial review in practice.
- Read Federalist No. 78 in full for deeper understanding.