What branch does Federalist No. 78 discuss? Federalist No. 78, written by Alexander Hamilton, is one of the most significant essays in the Federalist Papers, a series of articles and essays written to promote the ratification of the United States Constitution. This particular essay delves into the role and powers of the judicial branch of the federal government, providing a foundational understanding of the judicial system in the new nation.
Federalist No. 78, titled “The Judiciary,” was published on June 8, 1788, and serves as a critical defense of the proposed Constitution’s judicial branch. Hamilton argues that the judiciary is necessary for the proper functioning of the government and that it should be independent of the legislative and executive branches to ensure a balance of power.
In the first paragraph of the essay, Hamilton asserts that the judiciary is essential for interpreting the laws and determining their constitutionality. He writes, “It is the province and duty of the judicial department to say what the law is.” This statement emphasizes the importance of the judiciary in upholding the rule of law and ensuring that the laws passed by the legislative branch are consistent with the Constitution.
Hamilton further explains that the judicial branch must be separate from the other branches of government to prevent any one branch from gaining too much power. He argues that if the judiciary were subservient to the legislative branch, it would become a tool for the majority to oppress the minority. Conversely, if the judiciary were subject to the executive branch, it would be vulnerable to political influence and would not be able to act impartially.
To address concerns about the size and scope of the judiciary, Hamilton proposes that the number of judges should be limited and that they should be appointed for life terms. This would ensure that judges would not be swayed by political pressures and would be able to make decisions based on the law and the Constitution. Hamilton writes, “It is difficult to find a more rational expedient for maintaining in practice the separation of the judicial from the legislative power.”
In addition to discussing the structure and powers of the judiciary, Federalist No. 78 also addresses the role of the Supreme Court in interpreting the Constitution. Hamilton argues that the Supreme Court should have the authority to declare laws unconstitutional, which would serve as a check on the legislative branch. He writes, “The powers of the Supreme Court, in the last resort, are to be vested in nine persons.”
The arguments presented in Federalist No. 78 have had a lasting impact on the understanding of the judicial branch in the United States. The essay helped to establish the principle of judicial review, which allows the Supreme Court to strike down laws that are found to be unconstitutional. This has been a cornerstone of American constitutional law and has played a crucial role in shaping the country’s legal landscape.
In conclusion, Federalist No. 78 discusses the role and powers of the judicial branch of the federal government. Alexander Hamilton’s essay provides a compelling defense of the need for an independent judiciary and outlines the principles that have guided the American judicial system for over two centuries. By emphasizing the importance of judicial review and the separation of powers, Hamilton’s arguments have helped to ensure that the judiciary remains a vital check on the other branches of government and that the rule of law is upheld in the United States.
