description Federalist No. 78 Overview
Federalist No. 78 is an essay written by Alexander Hamilton and published in 1788 under the pseudonym Publius as part of The Federalist Papers. It argues for a strong, independent federal judiciary with lifetime tenure for judges, provided they maintain good behavior. The essay establishes the concept of judicial review, asserting that courts must declare void any legislative acts contrary to the Constitution.
It is widely studied in American constitutional law.
help Federalist No. 78 FAQ
Who wrote Federalist No. 78?
The essay was written by Alexander Hamilton and published in 1788 under the shared pseudonym "Publius." It was part of The Federalist Papers, a massive propaganda campaign designed to encourage the ratification of the new United States Constitution.
What is the main argument of Federalist No. 78?
Hamilton argues for a strong, independent federal judiciary that features lifetime tenure for judges, provided they maintain "good behavior." He believed that permanent tenure was essential to protect judges from political pressure and allow them to strike down unconstitutional laws.
Does Federalist No. 78 establish Judicial Review?
Yes, the essay contains Hamilton's famous argument that the judiciary must have the power of judicial review to declare acts of Congress void if they contradict the Constitution. This specific theoretical argument laid the groundwork for the Supreme Court's power later established in the 1803 case Marbury v. Madison.
Why does Hamilton call the judiciary the 'least dangerous branch'?
Hamilton famously describes the judiciary as the least dangerous of the three branches of government because it has "no influence over either the sword or the purse." Unlike the executive branch, it cannot enforce its own rulings, and unlike the legislature, it cannot control funding.
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