Federalist 78 Alexander Hamilton 1788 1 Why according

Federalist #78 Alexander Hamilton 1788

1. Why, according to Hamilton, is it important for judges to hold their offices “during good behavior” (as opposed to having a limited term)? It is “an excellent barrier to the encroachments and oppressions of” the legislature. It is the best way to “secure a steady, upright, and impartial administration of the laws. ”

2. Why is the judiciary the “least dangerous” branch of government, according to Hamilton? It will be “least in capacity to annoy or injure” the rights of the people. It doesn’t control the sword or the purse, doesn’t control the strength or wealth of society, it has “neither force nor will, but merely judgment” and must rely on the executive to carry out its judgments. It is simply “the weakest of the three departments of power. ”

3. Why are independent courts essential in a “limited constitution” of government? While liberty has nothing to fear from the judiciary, it has “everything to fear from its union with either of the other departments. ” The judiciary is naturally feeble. It is in “continual jeopardy of being overpowered” by of being overpowered” the other branches. “Nothing can contribute so much to its firmness and independence as PERMANENCY IN OFFICE” which is “an indispensable ingredient in its constitution. ” A judiciary independent of the other branches makes it “a citadel of the public justice and the public security. ”

4. The courts, according to Hamilton, are designed to be an intermediary body between the people and the legislature. Briefly explain this concept. Why is the judiciary the proper check on the legislature? It cannot be naturally assumed that the legislature will be a check on itself. The courts are needed to limit the authority of Congress because it is their “proper and peculiar province” to interpret the laws. It is for the courts to ascertain the meaning of the Constitution and the laws passed by Congress. If there “should happen to be an irreconcilable variance between the two” then the “constitution ought to be preferred to the statute. ”

5. How does the judiciary guard the rights of individuals? The independence of judges is “an essential safeguard against the effects of occasional ill-humors in the society. ” The rights of individuals need protection against “designing men” in government and “the people themselves” who are prone to “occasion dangerous innovations in the government, and serious oppression of the minor part of the community. ”

6. Explain the “further and weighty reason” why Hamilton insists on life terms for judges. The nature of the qualifications for judge: They must be people with “sufficient skill in the laws” which results from “long and laborious study. ” Thus there can only be a few the “requisite knowledge. ”