Federalist papers

Federalist Papers

collection of 85 essays written by John Jay, James Madison, and Alexander Hamilton

purpose of federalist papers

to defend the new constitution

Federalist Paper 78

purpose was to explain and defend the US judicial system

• addressed concerns from anti-federalists who worried about lifetime appointments of unelected judges

Fed 78 & Judicial Review

Judicial role- federal courts ensure laws passed by Congress are constitutional

Congress’s limitation- congress is not the judge of its own constitutionality

Federalist paper 79- judicial independence

judicial support- fixed provisions for judges’ support enhance independence