Federalist Paper #78 By Alexander Hamilton
Page 1 Main Point1st paragraph • Addresses' the need for a separate judicial branch and the meaning of judicial review.
Paragraph 4 • The constitution declares that judges should hold there office for life. • Most valuable modern improvement in the practice of government.
So forth… • How weak the judicial branch is compared to the legislative and executive branches. • The only power that the judicial branch has is the power to judge, not to act. • Even then this power still resides with the executive branch who carries out the decisions.
WHY! • Congress does not have the power to delegate authority because the constitution has put limitations to protect individual liberties. • Separation is needed so the courts can decide all other matters. • Without them doing their duty: “reservations of particular rights or privileges would amount to nothing.”
WHY! • The courts have the right to pronounce “legislative acts void”, but that does not mean that the judicial branch is above congress. • Giving more power to the legislative branch would go against the constitution and confirm “that the servant is above his master, that the representatives of the people are superior to the people themselves.” • The courts should be separate and have its own power to keep the “latter within the limits assigned to their authority.”
JUDICIAL REVIEW • Constitution = Fundamental law = the courts = determine its meaning and the meaning of any “act proceeding from the legislative body.”