The Federalist No. 78: The Judiciary Department

Introduction

• Written by Alexander Hamilton, dated June 14, 1788.

• Discusses the necessity of a federal judiciary as a solution to the defects of the Confederation.

Key Points of Judiciary Constitution

1. Mode of Appointing Judges

   • Similar to the appointment of officers of the Union.

2. Tenure of Judges

   • Judges hold office during good behavior.

   • This stability is essential for impartial administration of laws and acts as a barrier to oppression.

3. Judicial Authority Structure

   • Examination of how judicial authority is partitioned among courts.

Nature of the Judiciary

• The judiciary is the least dangerous branch of government, unable to affect the sword or purse.

• Lacks "force" or "will," and relies on executive aid to enforce judgments.

• Insufficient power to attack the other branches of government; seen as the weakest branch.

Judicial Independence

• Critical for protecting Constitutional rights, especially in a limited government.

• Independence serves as a safeguard against legislative encroachments.

• Courts have the responsibility to declare legislative actions void if they violate the Constitution.

Legislative Authority vs. Judiciary

• Legislative acts contrary to the Constitution are void; the courts interpret the law to ensure the Constitution's supremacy.

• Courts serve as intermediaries between the people and the legislature, ensuring that laws align with constitutional limits.

Judicial Review

• The authority to decide on the validity of legislative acts is vital to prevent the legislature from overstepping its boundaries.

• Courts possess the duty to prioritize the Constitution over conflicting statutes.

Importance of Stability in Judicial Tenure

• Permanent tenure is necessary for judges to avoid influences from legislative whims and popular pressures.

• Ensures that judges can uphold individual rights without fear of repercussions from temporary political currents.

Conclusion

• The Federalist No. 78 asserts that a judiciary with life tenure during good behavior is fundamental to safeguarding liberty and ensuring the integrity of the Constitution.