Federalist No. 78
Summary Analysis
According to author Alexander Hamilton in his article “Federalist No. 78 The Judiciary Department,” ( McLEAN’S Edition, New York) Hamilton begins by expressing to the readers the importance of an independent judicial branch and the meaning of law. The Constitution suggests that federal judges hold their office for life, depending on good behavior. Hamilton tells people that the longevity of a judge’s tenure is for the precautions for their responsibility. By extending the offices tenure it frees the office of judiciary from political pressures and prevents invasions on judicial power by the president and Congress.
Hamilton admits, “the right of the people to alter or abolish the established Constitution,…show more content… The judicial branch posses only the power to judge, not to act, and even its judgments or decisions depend on the executive branch to carry them out.
Another factor giving the judiciary branch its separate office is the judges' right to hold office is if the demonstrate good behavior. It is in connection with his advocacy. Hamilton says judicial review is apart of the Constitution. Judicial review is another barrier against too much democracy. Exercised by state courts before the Federal Convention met, and taken for granted by the majority of the members of the Convention, as well as by the ratifying conventions in the states, judicial review is expounded by Hamilton as a doctrine reaching a climax and a conclusion in this Federalist paper.
Hamilton concludes opposing supreme judicial power in a branch of the legislative body because this would fringe upon the separation of powers. Hamilton says the constitution must be regarded by the judged, as a fundamental law. Hamilton considers judicial review as a means of preserving free government. To be more concrete, when Hamilton considers the judiciary both as a barrier to the encroachments and oppressions of the representative body and as the citadel of public
