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4. Jan. 2002 · J. and A. McLean, The Federalist, II, 290–99, published May 28, 1788, numbered 78. This essay appeared on June 14 in The [New York] Independent Journal: or, the General Advertiser and is numbered 77. In New-York Packet it was begun on June 17 and concluded on June 20 and is numbered 78.
Federalist No. 78 describes the process of judicial review, in which the federal courts review statutes to determine whether they are consistent with the Constitution and its statutes. Federalist No. 78 indicates that under the Constitution, the legislature is not the judge of the constitutionality of its own actions. Rather, it is ...
Hamilton argued that the judiciary was the least dangerous branch of the government and that it had the power to review the constitutionality of laws and actions. He claimed that the courts were the bulwarks of a limited Constitution against legislative encroachments and that the people's will was superior to the legislature.
Hamilton argues for an independent judiciary with permanent tenure and lifetime appointments to protect the Constitution from encroachments by the legislature. He claims that the judiciary is the weakest and most impartial branch of government, and that its role is to declare unconstitutional laws void.
Hamilton argues for a federal judiciary with independence, permanence, and authority to declare unconstitutional laws void. He explains the importance of judicial review in a limited Constitution and the danger of legislative supremacy.
Publius: The Federalist 78 New York, 28 May 1788. This essay, written by Alexander Hamilton, first appeared in Volume II of the book edition of The Federalist. It was reprinted as number 77 in the New York Independent Journal, 14 June, and as number 78 in the New York Packet, 17, 20 June.
27. Jan. 2016 · Hamilton argues that the judiciary is the weakest and most independent branch of government, and that it should have permanent tenure and the power to declare unconstitutional laws void. He contrasts the American system with that of England, where the courts are subordinate to the legislature.
