![]() Hamilton responded to them in Federalist, no. To protect those rights, he proclaimed, the judiciary must be given the power of Judicial Review to declare as null and void laws that it deems unconstitutional.Ĭritics of the Constitution claimed that judicial review gave the judiciary power superior to that of the legislative branch. Here, Hamilton made his second major point. The judiciary must also be independent, according to Hamilton, so that it may fulfill its main purpose in a constitutional government: the protection of the "particular rights or privileges" of the people as set forth by the Constitution. Few people, he believed, will have the knowledge and the integrity to judge the law, and those deemed adequate to the office must be retained rather than replaced. According to Hamilton, permanent tenure also recognizes the complexity of the law in a free society. Constitution protects the judiciary from the other two branches by what Hamilton called "permanency in office." Article III, Section 1, of the Constitution declares, "Judges … shall hold their Offices during good Behaviour." By making the tenure of federal judges permanent and not temporary, Hamilton argued, the Constitution ensures that judges will not be changed according to the interests or whims of another branch of government. It had, according to Hamilton, "neither FORCE nor WILL but merely judgment."Īs a result of this weakness, the U.S. It did not, he said, have the "sword" of the executive, who is commander in chief of the nation's armed forces, nor the "purse" of the legislature, which approves all the tax and spending measures of the national government. In presenting his argument for the independence of the judiciary, Hamilton claimed that it was by far the weakest of the three branches. In presenting a case for the judiciary, he reached his second major conclusion: that the judiciary must be empowered to strike down laws passed by Congress that it deems "contrary to the manifest tenor of the Constitution." ![]() First, he argued for the independence of the judiciary from the other two branches of government, the executive and the legislative. Hamilton made two principal points in the essay. 78, the first of six essays by Alexander Hamilton on the role of the judiciary in the government established by the U.S. "We proceed now to an examination of thejudiciary department of the proposed government." So begins Federalist, no. Their purpose was to clarify and explain the provisions of the Constitution, expounding its benefits over the existing system of government under the Articles of Confederation. To secure its ratification in New York State, Federalists Hamilton, Madison, and Jay published the Federalist essays under the pseudonym Publius, a name taken from Publius Valerius Poplicola, a leading politician of the ancient Roman republic. A group known as the Federalists favored passage of the Constitution, and the Anti-Federalists opposed it. After its completion by the Constitutional Convention on September 17, 1787, the Constitution required ratification by nine states before it could become effective. The Federalist Papers originated in a contentious debate over ratification of the U.S. ![]() political and legal philosophy as well as a key source for understanding the U.S. The essays that constitute The Federalist Papers were published in various New York newspapers between October 27, 1787, and August 16, 1788, and appeared in book form in March and May 1788. ![]() A collection of eighty-five essays by Alexander Hamilton (1755–1804), James Madison (1751–1836), and John Jay (1745–1829) that explain the philosophy and defend the advantages of the U.S.
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