Federalist 78 Lecture Notes

Overview of Federalist Papers

• Written to advocate for the ratification of the U.S. Constitution.
• Federalist 78 focuses on the judicial branch as per Alexander Hamilton.

Context of Federalist 78

• No federal court system under Articles of Confederation.
• Need for a new judicial institution acknowledged.
• Debates about judicial appointments and powers.

Appointment and Term of Federal Judges

• Appointment: Federal judges are appointed by the President (Article 3 of the Constitution).
• Term: Judges hold their offices "during good behavior," effectively a lifetime tenure.

Rationale for Lifetime Appointments

• Independence: Ensures the judicial branch operates independently, free from political pressure, in line with Madison's argument in Federalist 51.
• Impartiality: Judges can rule without concern for re-election.
• Continuity and Expertise: Maintains judicial expertise due to familiarity with precedents.
• Practical Considerations: Temporary judges would deter qualified candidates from leaving lucrative law practices for judicial positions.

Judicial Power and Judicial Review

• Duty: Federal judges must void acts contrary to the Constitution.
• Judicial Review: Responsible for ensuring laws passed by Congress are constitutional.
  • If a law is unconstitutional, it is considered null and void.

Debate on Judicial Power

• Concerns: Detractors feared judicial review might make the judiciary more powerful than the legislature.
• Hamilton’s Rebuttal:
  • Judicial review doesn't make judiciary superior.
  • Courts act as a check between people and legislature.
  • The power of the people, as expressed in the Constitution, is superior to both the judiciary and legislature.

Summary

• Lifetime appointments are crucial for judicial independence and effectiveness.
• Judicial review checks legislative powers without overpowering it, ensures adherence to constitutional limits.
• Understanding these points is key to Federalist 78’s argument for the judiciary's role in government balance.