Federalist 78 Alexander Hamilton on Judicial Review.

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Presentation transcript:

Federalist 78 Alexander Hamilton on Judicial Review

Authors of the Federalist Essays: James Madison Alexander Hamilton Their Purpose: To convince New York to ratify the Constitution. John Jay

Anti-Federalist arguments: No Bill of Rights. Federalist response: You’re right, we’ll add one! Central government will be too powerful. Federalist #78 response: Supreme Court will keep other branches in check with judicial review.

“The executive not only dispenses the honors…” Meaning: The pres. enforces the laws.

He also “holds the sword of the community.” Meaning: He’s also Commander-in-Chief.

Congress makes the laws. The legislature “prescribes the rules” by which lives of citizens are regulated. Meaning: Congress makes the laws.

They also “command the purse.” Meaning: Congress also has the power to tax.

“The judiciary has neither FORCE NOR WILL, but merely judgment…” Conclusion: The courts need more power!

“…no ex post facto laws and the like.” VOID The Constitution is meaningless without Judicial Review. Conclusion:

“…permanent tenure of judicial officers…” Conclusion: Judges need unlimited terms.