Federalist #78: The Judiciary - Key Points and Summary

Introduction

Federalist No. 78 is one of the 85 articles that make up The Federalist Papers, written by Alexander Hamilton. It focuses on the judiciary branch of the proposed United States government.

Main Themes

Role of the Judiciary

• Judicial Review: Hamilton argues for the power of judicial review, where courts can declare laws void if they violate the Constitution.
• Independence of the Judiciary: The importance of having an independent judiciary that is separate from the influence of the legislative and executive branches.

Structure and Powers

• Lifetime Tenure: Judges hold their office during good behavior, which Hamilton argues is essential to ensure independence and protection from political pressures.
• Weakest Branch: The judiciary is described as the weakest branch of government, lacking the power of the purse or the sword (financial or military power).

Checks and Balances

• Safeguard Against Legislative Encroachments: The judiciary acts as a safeguard against legislative encroachments by assessing the constitutionality of laws.
• Federal vs. State Laws: The federal judiciary has the power to overrule state laws that conflict with the Constitution.

Importance in American Political Thought

• Establishing Judicial Authority: Federalist #78 lays the foundation for the role of the judiciary in American political thought.
• Constitutional Interpretation: It presents arguments that support the courts' role in interpreting the Constitution and ensuring that all branches of government adhere to it.

Conclusion

Federalist No. 78 is a critical document that outlines the intended role of the judiciary in the United States and supports the concept of judicial review as a mechanism to maintain constitutional governance. Hamilton's arguments emphasize the need for judicial independence and the judiciary's essential function in the system of checks and balances.