Federalist No. 78

What is Federalist No. 78 about?

It is an essay by Alexander Hamilton advocating for the establishment and role of a federal judiciary under the U.S. Constitution.

When was Federalist No. 78 published?

May 28, 1788.

What does Hamilton argue is essential for protecting individual rights?

An independent judiciary.

What does Hamilton suggest judges should have to ensure independence?

Life tenure based on 'good behavior'.

What is judicial review as discussed in Federalist No. 78?

The authority of the courts to review legislative and executive actions to ensure they comply with the Constitution.

How does Hamilton describe the judiciary in relation to the other branches of government?

As the 'least dangerous' branch.

What does Hamilton say about the judiciary’s ability to enforce its decisions?

The judiciary cannot enforce its decisions without cooperation from the other branches.

What is the judiciary's primary role according to Hamilton?

To protect the Constitution from infringement by the legislature or executive.

Why does Hamilton advocate for life tenure for federal judges?

To ensure stability and impartiality in the judiciary.

How are federal judges appointed according to Hamilton?

By the president with the advice and consent of the Senate.

What case later formalized the idea of judicial review that Hamilton discussed?

Marbury v. Madison (1803).

What foundational principle did Hamilton's arguments in Federalist No. 78 establish?

Judicial independence.

What role does Hamilton argue the judiciary plays in protecting the Constitution?

As a check on potential abuses by the other branches of government.

What overall theme does Federalist No. 78 emphasize about the judiciary's function?

To preserve the principles of democracy and the rule of law.