Summary Of The Federalist 78

The federalist 78 is the one of six-paper written by Alexander Hamilton, it was focused on the role of the judiciary in the newly established government as established in the U.S. Constitution. The paper emphasized on two significations concepts which is the independence of the judiciary and the supremacy of the judiciary to protect the right of the citizens.

To beginning with the first principal, the independent of the judiciary from the other two government agencies. Hamilton believes that the judiciary must be strong enough to overthrow unconstitutional legislation passed by the legislature and the executive. He emphasized that the judiciary is the weakest of the three branches of government because unlike administrative legislation, the

It had to be given the " particular rights of privileges” not accorded to the other arms of government. The U.S. Constitution gives the judiciary these privileges to protect the rights and interests of citizens. In his paper, he proposed the second important principle of judicial review. This principle gives the judiciary the power and authority to declare any law that the legislature intends to kill to constitutionalism invalid. Hamilton believes politicians elected may bend the law for their own benefit without regard to the interests of voters. Therefore, the concept of judicial review not only benefits the power of the legislature and the executive but also protects the interests of voters. It ensures that the elected leaders are the servants of the people they represent but not their masters. Without this concept, elected leaders will consider themselves masters of the people they

Although the notion of judicial review, which was not included in the Constitution, the Supreme Court defeated a congressional initiative in the Mary Libby Madison case to legitimize it. Early in the twentieth century, the concept of judicial review was accepted by the courts and was applied in many cases involving States. The independence of the court has also been maintained to this day. As Hamilton put it in his paper, as long as the judge performs the task in accordance with the constitution, the term of office of the judge is permanent and not temporary. The court decided to uphold the constitution and has been checked and removed any law that does not uphold the constitutional spirit. The Supreme Court and other lower courts have always had the power to examine the legislature and the government