Federalist #78

On what grounds does Hamilton argue that the judicial department of government is the least powerful branch?

Hamilton says that it has practically no ability to impose on the Constitution. The judicial branch has neither force nor will, therefore it can only exercise judgement.

Why do you think Hamilton was so careful to point out the relative impotence of the judiciary?

To gain the people's trust by pointing out that the government would not be used to deny the rights of the people.

What was hamiltons position regarding the power of the judiciary to declare void and legislative actions that were contrary to the Constitution?

The courts are created to check power of former decisions between the legislature and the people. For example, if a law conflicts with the Constitution, the most recent prevails because it represents the people's wants.

Why does Hamilton consider the independence of the judiciary to be a vital component of constitutional government?

Since the courts are the backbone of the Constitution, they protect from enfringement on the people's rights. Without independence, judges would not be able to check for enfringements.

What arguments does Hamilton use to support life tenure for judges?

First, Hamilton says that life tenures frees judges from political pressure that come from the legislature or executive. This allows judges to guard against unconstitutional laws. Then, he says that judges have lots of demands, which shows that only few men are able to become judges because of their ethical qualities.