The Importance of an Independent Judiciary: An Analysis of Alexander Hamilton’s Federalist Paper 78

Federalist 78

written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions

Federalist Paper 78 is written by Alexander Hamilton and is a part of a collection of essays known as The Federalist Papers. It was written to explain and defend the role of the judicial branch in the newly proposed United States Constitution.

The central argument made in Federalist 78 is that the judicial branch, as it is structured under the Constitution, is uniquely positioned to safeguard the rights of citizens and to prevent violations of the Constitution by other branches of government. Hamilton argues that the judicial branch would be able to operate independently of political pressures or other outside influences, allowing it to make impartial and consistent decisions based solely on the Constitution and the law.

Hamilton also argues that the judiciary must have the power of judicial review, or the ability to declare laws or actions of government unconstitutional. This power serves as a check on the other branches of government, ensuring that they are held accountable to the Constitution and that individual rights are protected.

Overall, Hamilton’s Federalist 78 defends the role of the judiciary as a crucial component of checks and balances, and highlights the importance of an independent and impartial judiciary in upholding the Constitution and protecting individual rights.

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