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Federalist No. 78 Summary

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There was discussion of judicial review in Federalist No. 78, written by Alexander Hamilton, which explained that the federal courts would have the power of judicial review. Hamilton stated that under the Constitution, the federal judiciary would have the power to declare laws unconstitutional. He also stated that this was appropriate because it would protect the people against abuse of power by Congress.
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In 1787 and 1788, the Federalist Papers were written and published in various newspapers in the state of New York intended to encourage Yorkers to vote in ratifying the proposed Constitution. The famous papers consist of eighty-five essays authored by Alexander Hamilton, James Madison, and John Jay. In Federalist Paper No. 17, Alexander Hamilton explicitly addresses the fear that the proposed Constitution would lead to oppression at the hands of an “autocratic” national government. Hamilton argues that even if the national government were to try and seize the power of the states, it would not be simple to do. The main reason Hamilton gives that the States rights would be reserved is because these government have a greater influence over

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In the Federalist Paper number 51, Madison writes to the people of New York to explain that it is necessary for a separation of powers between the departments of the government. Madison, with the help of Hamilton, wrote the Federalist Papers to explain sections of the Constitution. In Federalist Paper number 51, Madison explains that the government does not have a strong structure on the outside, but creating a firm structure within the government could be a solution. The firmer structure would be the separation of powers. In order for the people to get a better idea and make a more accurate judgement about the separation of powers, Madison shares observations and puts them into simpler terms.

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Conversely, in his opinion for the Marbury v. Madison case, Chief Justice John Marshall interpreted the power of judicial review expressed in the constitution differently. He understood the court’s ability to “strike down” legislation as the command of the majority, which was embedded in the Constitution (O’Brien 173). This essay will analyze the juxtaposition between Alexander Hamilton’s blueprint for the Supreme Court in Federalist No. 78 and Chief Justice John Marshall’s

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The Federalist 10 was produced on November 22, 1787 and was written by James Madison. James Madison was the 4th President of The United States and is the author of the Federalist 10. Madison wrote the Federalist 10 to directly defend the ratification of the Constitution and in it he mainly focuses on factions and why we need them. Factions are groups of people with different opinions and even though they seem bad, Madison proved that we need them. In the Federalist 10 he states that there are two ways to remove faction one

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I Agree… “The Federalist No. 84” and “The Anti-Federalist No.84”, both have their views on what should happen to our government. Whether it is to add a bill of rights or not, but I agree with the writer of “The Federalist No.84” because if the Constitution is adopted, then it will be our Bill of Rights, also based on other countries’ bill of rights then it may argue with a semblance of reason. Because I have read both sides of the discussion, I can see who is wrong and why.

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James Madison published Federalist 51 on February 8, 1788. The Federalist 51 explains that the purpose of the essay is to help readers understand the structure of the proposed government that makes liberty possible. Madison believes that each branch should be independent,and not depend on others. If they actually followed what Madison proposed that meant that the citizens would select the president, the legislators and the judges. The only position that would suffer the most is the judge 's position, because not many citizens are aware of what the qualifications for judges are.

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There are three federal branches in the U.S.; the legislative, executive, and judiciary. The judiciary branch has the “power” to evaluate law. It is able to take down a law or an executive branch to be declared as unconstitutional. However, declaring a law unconstitutional is not that easy for the courts. In Federalist NO. 78, written by Alexander Hamilton, the judiciary branch is said to be the weakest due to all of the ways the legislative and executive branch can enforce their power upon them.

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The Federalists wanted a strong central government. The Anti- Federalists claims Constitution gives the central government too much power and, and they worried about the new constitution will not give them any rights. That the new system threatened freedom; Also, threatened the sovereignty of the states and personal liberties; failed to protect individual rights. Besides, some of famous peoples such as " Patrick Henry" and artists have came out against the Constitution. Although the anti-Federalists were unsuccessful in stopping the passage of the Constitution, their efforts have been responsible for the creation and implementation of the Bill of

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The Federalist No. 10” is a persuasive argument written by James Madison in an attempt to ratify the Constitution. He wrote a series of documents called the Federalist Papers under a pseudonym to convince others to approve of the Constitution. He says that factions are not good for America, neither is a pure democracy. Madison provides extensive arguments and remedies for the problems he is addressing. James Madison is attempting to ratify the Constitution by analyzing the way to deal with factions, comparing a republic to a democracy, and by comparing a small government to a large government.

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Factions and Federalist Essay No. 10 The federalist papers were a series of 85 essays written to convince the citizens of New York to ratify the constitution. Federalist essay No.10, written by James Madison, discusses political factions and their effects. Madison’s definition of a faction is clearly stated in the essay.

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Judicial Review was always argued by John B. Gibson, Anti federalist and even President Andrew Jackson, identifying several arguments against it, for example; “Judicial review could lead to political turmoil if the other branches of government, or state, refuses to acquiesce to the court’s interpretation of the constitution”. Anti-federalists were against the judicial review like Brutus, who feared that the court would use judicial review to eliminate the power of the state courts, they believe it’s a threat since it could enforce Supreme Court decisions which President Andrew Jackson disagree with “Judicial review makes the judiciary equal or even superior to the legislature, even though judges are not elected”. Federalist 78 was the 78th

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The Anti- Federalists claimed the Constitution gave the central government an excessive amount of power, and while not a Bill of Rights the folks would be in danger of oppression. Both Hamilton and Madison argued that the Constitution did not want a Bill of Rights, that it might produce a "parchment barrier" that restricted the rights of the folks, as critical protective

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Robert Isenhour Federal Government 110 10/10/17 Judicial Review Judicial Review had been obsolete until 1803 when the need for it arose in the case of Marbury vs. Madison, where it was then found to become a new component to the Judicial Branch. I am here to discuss why judicial review is and shall remain a doctrine commonly used in constitutional law. Judicial Review is the power for courts to review other government branches to determine the validity of its actions whether it be constitutional or unconstitutional. These ‘acts’ can be described as legislation passed by congress, presidential orders and actions, or all state and local governmental actions.

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Constitution did not resolve the question of whether the federal courts should have this power over congressional and executive acts. During the early years of the Republic, the Supreme Court upheld congressional acts, which implied the power of judicial review. But the key question was whether the Court had the power to strike down an act of

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The Chief Justice of the Supreme Court at the time was Chief Justice John Marshall, and he declared that this whole process of delivering commissions for judges, the Judiciary Act, was unconstitutional. The Supreme Court declared this act illegal, because it gave the Supreme Court a power that they were forbidden to have. This is when the first law was declared unconstitutional and judicial review came into

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