Hamilton Federalist 78
Alexander Hamilton was one of the most interesting authors of the Federalist Papers. His insight and pragmatism helped shape many aspects of the new government. At the start of the Federalist No. 78, he began by explaining to the readers of the importance of a separate and independent judicial branch and what the meaning of judicial review is.
The Constitution defines the extent of the powers of the general government. If the legislative branch would at any time overstep their limits, the judicial department would keep it in check. If the United States goes beyond its influences, if and try to make a law in which the Constitution does not authorize, it is invalid by definition and the judicial power, the Supreme Court Judges, who are in place to secure their impartiality, are to be made independent, will declare it to be void. “On the other hand, if the states go beyond their limits, if they make a law which
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Hamilton stated that the Judiciary branch is the least hazardous to the political rights that the judicial branch possess only the power to judge, not to act on its rulings and it hinges on the executive branch to carry out its orders. The judicial branch will succeed due in part to its own neutrality so they can grant fair and unbiased rulings. Political rights are least threatened by the judicial branch due in part to its inability to control either the monetary funds or the military of the country. The judicial branch has no power over the writing of laws or the enforcement of them which allows for it to be completely neutral in its decision-making process. Hamilton praises the Constitution for founding courts that are separate from Congress and their influence allowing for a truly free