1. Federalist 78
Alexander Hamilton
on Judicial Review

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

3. 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.

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

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

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

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

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

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

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