Federalist 78
By: Lindsey Watts, Belle Trevino, Nick Reyes, Christian Henry,
Megan McGowan, Edmundo Hernandez
Why is the Judiciary Branch the “least dangerous” of
the 3?
“...the judiciary, from the nature of it’s functions, will always be the least dangerous to
the political rights of the constitution; because it will be least in capacity to annoy or
injure them.”
Executive- “holds the sword of community”
Legislative- “prescribes the rules by which the duties and rights of every citizen are to
be regulated.”
Judiciary- “no direction either of the strength or wearth of society; and can take no
active resolution whatsoever.” “Neither FORCE NOR WILL, but merely judgement.”
“dependent on aid of the executive arm for the efficacious exercise even of this facility”
What is Hamilton’s view regarding the concept of judicial review?
Hamilton believes that judicial review is essential in protecting the rights of men
from the possible abuse of the legislature created in congress
The Constitution HAS to be used in Judicial review or else it’s useless
Does Hamilton support life tenure for judges? Why?
Yes…
All judges are to hold their offices during good behavior
In jeopardy of being overpowered by its coordinate branches
Courts of justice are to be considered the bulwarks of a limited constitution against
legislative encroachments
● adherence to the rights of the constitution and of individuals
● The nature of qualifications judicial offices require
Why independent courts are a vital component of gov’t.
● Makes exceptions to the legislative “no ex post facto” laws.
● Limitations like these are only possible through the judicial medium.
● Declares all acts contrary to the manifest tenor of the constitution void.
● Without independence, reservations of privilege or particular right are nothing.
Question 5: What are the necessary qualifications of
judges?
There are no specifics outlined in the constitution
Judges should be bound by strict rules and
precedents
Long and laborious studies to require knowledge