Understanding Federalist Paper No. 78

Mar 24, 2025

Lecture Notes: Federalist Paper No. 78

Main Focus

  • Discussion on Federalist No. 78, authored by Alexander Hamilton.
  • Focus on the judicial branch and its role within the federal government.

Key Ideas

  1. Life Terms for Federal Judges

    • Federal judges should be appointed for life.
    • Life tenure is meant to ensure an independent judiciary.

  2. Independent Judiciary

    • Independence necessary to prevent influence from other branches.
    • Judges are appointed, not elected, to maintain impartiality.
    • Life tenure ensures judges can make decisions without fear of repercussions from Congress or the President.

  3. Power of Judicial Review

    • Judiciary must have the power to review and potentially void laws.
    • Purpose is to protect the Constitution from legislative overreach.

Arguments Presented by Hamilton

  • Judicial Tenure

    • Judges appointed "during good behavior"; no fixed term limits like other officials.
    • Life tenure seen as a way to maintain "steady, upright, and impartial administration of the laws."

  • Judiciary as the Least Dangerous Branch

    • Judiciary lacks "power of the purse" (budget control) and "power of the sword" (military power).
    • Relies on executive branch for enforcement of its rulings.

  • Importance of Independence

    • Liberty at risk if judiciary is controlled by legislative or executive branches.
    • Independence ensures judges defend the Constitution without bias.

  • Judicial Review as a Constitutional Safeguard

    • Courts must have the ability to declare laws void if they contradict the Constitution.
    • Described as the "bulwark" against legislative overreach.
    • Constitution regarded as superior to any federal law.

Reflection

  • The speaker encourages viewers to consider whether life terms for judges are beneficial or if a more democratic approach should be considered.

Additional Resources

  • Encouragement to use the AP Gov Ultimate Review Packet for exam preparation.

Note: The content emphasizes the purpose and implications of life tenure and judicial review as mechanisms to uphold an independent judiciary and protect constitutional rights.

Full transcript