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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. New York: Columbia University Press, 1962, pp. 655–663.]
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Federalist No. 78 discusses the power of judicial review. It argues that the federal courts have the job of determining whether acts of Congress are constitutional and what must be done if the government is faced with the things that are done on the contrary of the Constitution.
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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 the independence and permanence of the judiciary in a limited Constitution. He explains the role of the courts in declaring unconstitutional laws void and the danger of their union with the legislature or the executive.
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.
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.
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.
