Federalist 78, EXPLAINED [AP Gov Required Documents]

Summary

In this video, we explore Federalist 78 by Alexander Hamilton, which advocates for the judicial branch's structure under the new US Constitution. Hamilton argues for lifetime appointments of federal judges to ensure their independence and impartiality. He also explains the concept of judicial review, where courts can declare laws unconstitutional, emphasizing it does not make the judiciary more powerful but serves as a check on legislative power, aligning with the people's will as expressed in the Constitution.

Takeaways

• 📜 Federalist 78 is one of the Federalist Papers written to support the ratification of the U.S. Constitution.
• 👨‍⚖️ Authored by Alexander Hamilton, it focuses on the establishment of the judicial branch under the new Constitution.
• 🏛️ Prior to the Constitution, there was no federal court system under the Articles of Confederation.
• 🤔 The debate centered on the appointment process and the powers of the judicial branch, not its necessity.
• 👨‍💼 Federal judges are appointed by the President and serve during 'good behavior,' effectively for life.
• 🚫 Anti-Federalists were concerned about the lack of direct election and the inability to remove judges through elections.
• 💡 Hamilton argued for lifetime appointments to ensure judicial independence and impartiality.
• 📚 Lifetime tenure allows judges to be well-versed in legal precedent without the pressure of re-election.
• 🏛️ Judicial review is the power of the courts to declare acts of Congress unconstitutional if they violate the Constitution.
• ⚖️ Hamilton refuted claims that judicial review made the judiciary more powerful than the legislature, emphasizing that it balanced and checked legislative power.
• 🌐 The ultimate authority lies with the people, and judges should uphold the Constitution over unconstitutional legislative acts.

Q & A

What is the main topic of Federalist 78?

Federalist 78 focuses on the judicial branch of the new federal government outlined in the Constitution, written by Alexander Hamilton.

Why was there a need for a new judicial institution in America?

There was no federal court system under the Articles of Confederation, which was ineffective, and it was widely agreed that America needed a new judicial institution.

How are federal judges appointed according to the Constitution?

Federal judges are appointed by the President, as stated in Article 3 of the Constitution.

What does 'during good behavior' mean in the context of federal judges' terms?

It means that federal judges will hold their offices for life as long as they behave well, i.e., they are not impeached or removed from office for misconduct.

Why did Hamilton argue for lifetime appointments for judges?

Hamilton argued that lifetime appointments were necessary to keep the judicial branch as independent as possible, ensuring impartiality and not having to please the people for re-election.

What is the practical function of lifetime appointments for federal judges as mentioned by Hamilton?

Lifetime appointments allow judges to accumulate extensive legal knowledge and experience without the pressure of needing to relearn everything if terms were temporary, ensuring continuity and quality in the administration of justice.

What is the role of the judicial branch in terms of checking the legislative branch according to Federalist 78?

The judicial branch has the power of judicial review, which allows it to declare acts of Congress contrary to the Constitution void, thus checking the legislative branch.

How does Hamilton refute the argument that judicial review makes the judiciary more powerful than the legislature?

Hamilton argues that no legislative act contrary to the Constitution can be valid, so the judiciary is not claiming power but is instead upholding the Constitution, which represents the will of the people.

What does Hamilton mean when he says the courts are an intermediate body between the people and the legislature?

Hamilton means that the courts act as a check on the legislature to ensure that it does not overstep its authority, balancing the power between the branches of government.

What is the significance of the phrase 'the will of the people declared in the Constitution' in Federalist 78?

It signifies that the Constitution represents the supreme law and the ultimate will of the people, and any legislative act that contradicts it is invalid, thus the judiciary must uphold the Constitution over such acts.