Detailed Study Notes on Federalist No. 78

Federalist No. 78 Author

Alexander Hamilton

Purpose of Federalist No. 78

Examination of the judiciary department of the proposed government.

Judicial Tenure

How long judges hold their positions and the nature of their appointment.

Duration in Office (Judges)

During "good behavior" (United States judges).

Importance of Good Behavior

Maintains independence and impartiality in judicial functions, prevents despotism and legislative oppression.

Weakest Branch

The judiciary, due to its lack of power over the purse (money) and sword (coercive force).

Executive Branch Power

Dispenses honors, holds the sword, and can enact force.

Legislative Branch Power

Controls the purse and defines duties and rights.

Judicial Power Limit

Limited to making judgments without political influence, relying on the executive to enforce those judgments; possesses the power of judgement, not commanding authority or will.

Constitutional Safeguard (Judiciary)

Courts maintain constitutional protections against legislative and executive overreach.

Quote on Liberty (Judiciary)

"There is no liberty, if the power of judging is not separated from the legislative and executive powers."

Guardians of Liberty

The judiciary's independence is essential for protecting individual rights and constitutional limits.

Judicial Check on Other Branches

Courts can declare acts contrary to the Constitution void.

Nullification Principle

Any legislative act contrary to the Constitution is invalid.

Judiciary as an Intermediary

Serves to moderate abuses by the legislature, ensuring laws adhere to constitutional limits.

Precedence in Conflict

The Constitution takes precedence over legislative acts.

Necessity of Permanent Judicial Tenure

Essential to ensure the judiciary's political independence and integrity in upholding