Federalist Number 78 Research Paper

736 Words 3 Pages
From the time our nation was born to the time we ratified our constitution, we faced many complications due to the weaknesses in our founding laws. After identifying these flaws when it became apparent, Alexander Hamilton, James Madison, and John Jay wrote the Federalist papers – collection of 85 articles and essays – that influenced the ratification of the United States Constitution. Out of these 85 articles and essays, I consider federalist number 78 to be one of the most important papers because it involves the entitlement of the Judicial Review power to the Judiciary branch. The Federalist number 78 is an essay written by Alexander Hamilton that is directed to the Judiciary branch. In this paper, Hamilton expressed his opinion on independency …show more content…
I believe that this is one of the most important issues addressed by Hamilton because not only did it help balance out the 3 branches of our government, it served as the founding concept that was used later in the years when it was officially implemented in 1803. Like Hamilton said, “the Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by contrary” while the Judiciary “has no influence over either the sword or the purse” (6). By granting the Judiciary branch the power to oversee the decisions made by the Executive and Legislature branch, it has kept our checks and balances …show more content…
While this issue isn’t as significant as the Judicial Review, it plays an essential role in defining the fundamental criteria needed to be a judge. Hamilton started out noting the importance of having a lifelong tenure for judges. His reason for this is because he believes that judges “should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them,” and in order for this to work, the judges must have “sufficient skill in the laws to qualify them for the stations of station” (20). To complement his idea of life time tenure, Hamilton also included the idea of good behavior, which is defined by him as “conformable to the most approved of the State constitutions and among the rest, to that of this Sate” (5). By holding their office during good behavior, Hamilton believes that it is “one of the most valuable of the modern improvements in the practice of government,” saying that “in a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is no less excellent barrier to the encroachments and oppressions of the representative body” (5). Lastly, Hamilton argued that permanent tenure will prevent threats from the other branches saying that “the courts of justice are to be considered as bulwarks of a limited constitution against legislative encroachments… since nothing will contribute so much as

Related Documents