Federalist 78, EXPLAINED [AP Gov Required Documents]

What is the main subject of Federalist 78?

It discusses the judicial branch of the new federal government and the need for an independent judiciary.

Who wrote Federalist 78?

Alexander Hamilton.

According to Federalist 78, how are federal judges appointed?

Federal judges are appointed by the president.

What is the term length for federal judges according to Hamilton?

They hold their offices during good behavior, effectively for life.

What was a primary concern of the Anti-Federalists regarding judicial appointments?

They worried that because judges are not elected, they cannot be replaced by the people.

What argument does Hamilton make to justify lifetime appointments for judges?

He argues that it ensures independence and impartiality necessary for the judiciary's role.

What is judicial review?

The power of the judiciary to declare acts contrary to the Constitution void.

What does Hamilton say about the relationship between the legislative and judicial branches?

He argues that judicial review does not give the judiciary undue power but maintains a balance.

Why is it important for judges to have a long tenure according to Hamilton?

To accumulate knowledge and experience necessary to perform their duties effectively.

How does Hamilton define the power of the people in relation to the government branches?

The power of the people is superior to both the legislative and judicial powers.

What happens if a legislative act is contrary to the Constitution?

It is considered null and void.

What was Hamilton's view on the necessity of an independent judiciary?

He believed it was crucial to maintain the rule of law and prevent legislative encroachments.