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4. Jan. 2002 · “The Federalist No. 78, [28 May 1788],” Founders Online, National Archives, https://founders.archives.gov/documents/Hamilton/01-04-02-0241. [Original source: The Papers of Alexander Hamilton , vol. 4, January 1787 – May 1788 , ed. Harold C. Syrett.
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 ...
- Alexander Hamilton
- English
- United States
- The Judiciary Department
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.
27. Jan. 2016 · Federalist 78 | Teaching American History. by Alexander Hamilton & Publius. May 28, 1788. Edited and introduced by Gordon Lloyd. Version One. Version two. Image: The Federalist, on the new Constitution. (Hallowell [Me.] Masters, Smith & co., 1857) Library of Congress. https://www.loc.gov/item/09021557/ Part of these Core Document Collections. View.
Federalist Number (No.) 78 (1788) is an essay by British-American politician Alexander Hamilton arguing for the ratification of the United States Constitution. The full title of the essay is "The Judiciary Department."
