Heimlich History - Federalist 78 Overview

Introduction

• Focus on Federalist 78 by Alexander Hamilton
• Part of Federalist Papers advocating for the ratification of the U.S. Constitution
• Discusses the judicial branch of the new federal government

Need for a Federal Court System

• No federal court system under Articles of Confederation
• General consensus on the necessity of a judicial institution
• Debate on judge appointments and judicial power

Appointment and Tenure of Federal Judges

• Judges appointed by the President (Article 3 of the Constitution)
• Lifetime appointments based on "good behavior"
• Lifetime tenure criticized by Anti-Federalists
• Hamilton argues it ensures independence of judiciary
  • Protects against legislative encroachments
  • Ensures impartiality and focus on judicial duty

Practical Reasons for Lifetime Appointments

• Judges need to handle extensive legal precedents
• Frequent changes in judges would discourage qualified individuals
• Ensures administration of justice by able and qualified individuals

Judicial Power and Review

• Judges declare acts contrary to the Constitution void (Judicial Review)
• Court evaluates laws passed by Congress for constitutional alignment
• Detractors fear this power overshadows legislative branch
• Hamilton counters:
  • Unconstitutional laws are inherently void
  • Judiciary acts as an intermediate body between people and legislature
  • Judicial power does not imply superiority over legislature
  • Reflects the superior power of the people via the Constitution

Conclusion

• Lifetime appointments preserve judicial independence
• Judicial review ensures balance and check on legislative power

Additional Resources

• Review packet available for further study
• Subscribe for more assistance in AP classes