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.

Outlines

00:00

📜 Introduction to Federalist 78

The paragraph introduces Federalist 78, one of the Federalist Papers written by Alexander Hamilton, which advocates for the ratification of the U.S. Constitution. It discusses the necessity of establishing a federal court system under the new Constitution, as the previous Articles of Confederation lacked a cohesive judicial structure. The main debate revolves around the appointment process and the powers of the judicial branch, with Hamilton arguing for lifetime appointments to ensure judicial independence.

Keywords

💡Federalist Papers

The Federalist Papers are a series of 85 essays written by Alexander Hamilton, James Madison, and John Jay under the pseudonym 'Publius'. They were intended to promote the ratification of the U.S. Constitution. In the context of the video, Federalist 78, written by Hamilton, specifically addresses the judicial branch of the federal government as outlined in the Constitution.

💡Alexander Hamilton

Alexander Hamilton was one of the Founding Fathers of the United States and the main author of Federalist 78. The video discusses his argument for the structure and powers of the judicial branch as described in the paper. Hamilton advocated for a judiciary that is independent and not subject to popular elections.

💡Judicial Branch

The judicial branch is one of the three branches of the U.S. federal government, responsible for interpreting the laws and the Constitution. The video emphasizes Hamilton's argument that the judicial branch, as outlined in Federalist 78, should be independent to ensure impartiality and protect the Constitution from legislative overreach.

💡Lifetime Appointments

As discussed in the video, Hamilton argued for lifetime appointments for federal judges to ensure their independence from political pressures. This concept is central to Federalist 78 and is meant to allow judges to make decisions based on the law rather than public opinion or the desire for re-election.

💡Good Behavior

The term 'good behavior' from the video refers to the standard by which federal judges are expected to maintain their conduct to retain their lifetime appointments. It implies that as long as they perform their duties appropriately, they can serve for life, which is a key aspect of their independence.

💡Anti-Federalists

Anti-Federalists were those who opposed the ratification of the U.S. Constitution, often due to concerns about the concentration of power in the federal government. The video mentions their disagreement with the life tenure of judges, fearing it would remove them from the control of the people.

💡Judicial Review

Judicial review is the power of the courts to review and determine the constitutionality of laws, as mentioned in the video. It is a key function of the judicial branch and was defended by Hamilton in Federalist 78 as a necessary check on legislative power to ensure that laws align with the Constitution.

💡Null and Void

In the context of the video, 'null and void' refers to laws that are deemed unconstitutional by the courts and are therefore not enforceable. This concept is tied to the power of judicial review and illustrates the balance of power between the judiciary and the legislature.

💡Legislative Encroachments

Legislative encroachments are actions by the legislative branch that exceed their constitutional authority, as discussed in the video. The judicial branch, through judicial review, acts as a check against such encroachments to maintain the balance of power and protect the Constitution.

💡Madison's Argument

The video references James Madison's argument from Federalist 51, which posits that each branch of government must be independent to function effectively. This argument supports Hamilton's stance in Federalist 78 on the need for an independent judiciary.

💡Balance of Power

The balance of power is a fundamental concept in the U.S. Constitution that prevents any one branch of government from becoming too powerful. The video explains how Hamilton views the judiciary's role, including lifetime appointments and judicial review, as essential to maintaining this balance.

Highlights

Federalist 78 focuses on the judicial branch of the new federal government outlined in the constitution.

The Federalist Papers were written to argue for the ratification of the newly drafted constitution.

Federalist 78 was written by Alexander Hamilton, discussing the judicial branch.

There was no federal court system under the Articles of Confederation, which was seen as a problem.

Hamilton argues for a new judicial institution to be established.

The debate centers on how judges are appointed and the length of their term.

Federal judges are appointed by the president according to Article 3 of the constitution.

Judges hold their offices during good behavior, effectively for life.

Anti-federalists were concerned about judges having life tenure without being elected by the people.

Hamilton argues that lifetime appointments are necessary for judicial independence.

Lifetime appointments allow judges to rule impartially without fearing re-election.

Hamilton also argues that lifetime appointments are practical due to the vast amount of legal precedent a judge must know.

He suggests that temporary appointments would discourage qualified individuals from joining the judiciary.

Hamilton discusses the scope and limits of the judicial branch's power, including judicial review.

Judicial review allows courts to declare laws contrary to the constitution void.

Hamilton's detractors argue that judicial review makes the judiciary more powerful than the legislative branch.

Hamilton counters that no unconstitutional law can be binding, thus the judiciary does not have undue power.

He explains that the judiciary is designed to keep the legislature within its constitutional limits.

Hamilton concludes that the power of the people is superior to both legislative and judicial powers.

The video offers a review packet to help students achieve high scores in their AP classes.

The video encourages viewers to subscribe for more help with AP classes.

Transcripts

hey there and welcome back to heimlich

history in this video we're going to

look at another one of your required

documents for ap government namely

federalist 78 so if you're ready to give

me a lifetime appointment to milk your

brain cows then let's get to it now the

federalist papers were of course written

to argue for the ratification of the

newly drafted constitution and

federalist 78 written by our boy

alexander hamilton is all about the

judicial branch of the new federal

government outlined in the constitution

now he begins by acknowledging that

since there was no federal court system

under the articles of confederation

which was patently a hot mess nobody

really disagreed that america needed

this new judicial institution the only

real argument is over how and for how

long justices will be appointed and what

kind of power the judicial branch should

have so let's start with how judges will

be appointed to the federal courts and

for how long so federal judges are

appointed by the president according to

article 3 of the constitution and as to

the length of their term hamilton says

according to the plan of the convention

all judges who may be appointed to the

united states are to hold their offices

during good behavior so that means as

long as federal judges behave they will

hold their offices for life now that

seemed awfully suspect to

anti-federalists who are arguing against

the ratification of the constitution so

you're saying that the people don't

elect these judges and the people can't

replace these judges in elections

because they have life tenure i say

but hamilton argued that lifetime

appointments were a necessity to keep

this branch of government as independent

as possible he says if then the courts

of justice are to be considered as the

bulwarks of a limited constitution

against legislative encroachments this

consideration will afford a strong

argument for the permanent tenure of

judicial offices since nothing will

contribute so much as this to that

independent spirit in the judges which

must be essential to the faithful

performance of so arduous of duty do you

remember madison's argument from

federalist 51 that in order for this new

government to work each of the three

branches had to operate as independently

as possible that's essentially what

hamilton is arguing here for the

judicial branch lifetime appointments

make it possible for judges to rule with

impartiality and not have to worry about

pleasing the people for the sake of

re-election additionally lifetime

appointments serve a practical function

as well hamilton says think about the

whole mountain of precedence that a

federal judge will be responsible for

knowing if you change judges out at any

span of time the amount of learning that

must be done will make the office itself

prohibitive and that's a problem because

a temporary duration in office which

would naturally discourage such

characters from quitting a lucrative

line of law practice to accept a seat on

the bench would have the tendency to

throw the administration of justice into

hands less able and less well qualified

to conduct it with utility and dignity

so that's why according to hamilton

lifetime appointments are necessary for

the judiciary he then goes on to talk

about the scope and limits of power of

the judicial branch the duty of federal

judges he says must be to declare all

acts contrary to the manifest tenor of

the constitution

void the word for this power of the

judicial branch is judicial review the

court is responsible for considering

laws passed by congress and making sure

that they are in line with the

constitution if the court finds that

they are not and rules in such a manner

then the offending laws are considered

null and void now hamilton's detractors

argued that such power would make the

judicial branch more powerful than the

legislative branch which represented the

people and that's what it sounds like

right like if the federal courts can

overturn a law passed by the legislature

then it sounds like the judiciary has

more power but hamilton disagrees there

is no position which depends on clearer

principles than that every act of a

delegated authority contrary to the

tenor of the commission under which it

is exercised is void no legislative act

therefore contrary to the constitution

can be valid in other words if the

legislature passes a law which violates

the constitution it is already null and

void because no unconstitutional law can

be binding on a people governed by the

constitution in that way the courts were

designed to be an intermediate body

between the people and the legislature

in order among other things to keep the

legislature within the limits assigned

to their authority and then he goes on

to explain why the scenario does not

give the judicial branch undue power nor

does this conclusion by any means

suppose a superiority of the judicial to

the legislative power it only supposes

that the power of the people is superior

to both and that where the will of the

legislature declared in statute stands

in opposition to that of the people

declared in the constitution the judges

ought to be governed by the latter

rather than the former so to summarize

lifetime appointments for federal judges

are necessary to keep them independent

and unreliant on popular will and the

judicial branch's power of judicial

review does not make the federal court

system more powerful than the

legislature but rather balances and

checks it okay that's what you need to

know about federalist 78 if you need

help getting an a in your class and a

five on your exam may then click right

here and grab review packet if you want

to give me a lifetime appointment to

help you in your ap classes then by all

means subscribe and i