Federalist 78 | Primary Source Essentials
What is the judiciary’s role in the American constitutional system according to Federalist 78? In this rapid-fire episode of BRI’s Primary Source Essentials and Federalist 78 summary, learn the arguments made by Alexander Hamilton in Federalist 78 and why he believed the judicial branch was the least dangerous and an essential part of the system of checks and balances.
0:00 Welcome to primary source essentials. In this episode, we will briefly discuss Federalist 78. The central question for Federalist 78 is what is the role of the judiciary in the American constitutional system? One of the weaknesses of the Articles of Confederation was the lack
0:22 of a national judiciary, which affected the principles of the separation of powers and checks and balances. In Federalist Number 78, Alexander Hamilton explains the role of the judiciary in the American constitutional system. In the essay, Hamilton explains that the characteristics of the judicial branch include appointing
0:43 judges for life to serve during good behavior, because then they would be more impartial and not pressured by the other political branches. This would help establish the independence of the judiciary. Now, the role of the Court is to interpret the law in deciding cases, and Hamilton says it is the least dangerous branch because it exercises
1:07 judgment, not the purse or the sword, nor force or will. Therefore, it is dependent, at least to some degree, upon the other branches. Moreover, the Court also has a duty to declare that laws were unconstitutional if they conflicted with the fundamental law of the land in a written constitution.
1:29 This soon came to be known as judicial review, which helped strengthen its relationship with the other branches in the system of checks and balances. Therefore, the Court had a role in moderating the temporary passions, mischiefs and injustices of the other branches.
1:49 So the answer in Federalist 78 is that the need for an independent judiciary at the national level is indisputable and that its role in the American constitutional system is to act as a citadel of justice by ex resizing judicial review of laws when deciding cases. Thanks for watching and check out our other videos in Primary Source Essentials.
