The "Federalist No. 78" is an essay written by Alexander Hamilton, explaining his views on the proper structure and role of the judiciary branch in a constitutional democracy. The essay was massively influential, and many of the ideas Hamilton set forth in the essay became part of the Constitution of the United States.Continue Reading
In "Federalist No. 78," Hamilton explains that the judiciary branch should act as a check on the constitutional power of the legislative branch by determining if laws enacted by Congress align with the powers granted them by the U.S. Constitution. In Hamilton's system, the courts may void a law that they deem unconstitutional. Hamilton insisted that the judiciary must be completely distinct from the other two branches of government, the legislative and executive. Hamilton also discussed the length of a federal judge's term in office. He felt that judges, once appointed, should remain in office as long as they display "good behavior," though he leaves the definition of good behavior vague. Most of the ideas discussed in this paper have been incorporated into the U.S. Constitution and the constitutions of numerous states.
"Federalist No. 78" is just one of 85 essays included in "The Federalist Papers," which were a series of documents written by Hamilton, James Madison and John Jay. The papers laid the groundwork for the Constitution and made the case for ratification.Learn more about US History
The authors of the Federalist Papers were Alexander Hamilton, John Jay and James Madison. They published the papers anonymously under the pseudonym Publius, an ancient Roman statesman who played a part in the founding of the Roman Republic.Full Answer >
Although Thomas Jefferson originally supported the idea of a strong federal government, he resigned from President George Washington's cabinet in 1793 mainly because of his strong opposition to the Federalist views of Alexander Hamilton, particularly with regard to the funding of war debts. Jefferson's anonymous drafting of the Kentucky Resolution was one of the first written declarations of states' rights and was an attempt to prove that the 1793 Federalist-backed Alien and Sedition Acts were unconstitutional. Jefferson fully rejected the concept of implied powers, which held that the federal government could exercise any powers not explicitly forbidden in the United States Constitution.Full Answer >
The main points of Federalist No. 51 outline the system of checks and balances put in place to ensure no one branch of the U.S. government becomes more powerful than another. According to the Bill of Rights Institute, the 51st of the Federalist Papers explains and defends the system of checks and balances put into the Constitution that prevent both the government and factions from having too much control.Full Answer >
Federalist Paper No. 10, written pseudonymously by James Madison in support of the new United States Constitution, is about how to guard the new government of the union against factions, or groups of citizens with special interests. It is one of 85 letters written by some of the Founding Fathers to encourage the states to ratify the Constitution.Full Answer >