Federalist No. 78 Flashcards

Hamilton's Perspective on the Judiciary

• The judiciary is perceived as the least dangerous branch, lacking means to enforce laws without executive or legislative support.
• The "sword" represents enforcement power, while the "purse" refers to financial resources controlled by Congress.

Legislative Branch Authority

• The legislative branch holds significant power by making and passing laws, able to override presidential vetoes with a majority vote.
• If the judiciary existed without an executive branch, it would hold more power than the legislative branch.

Judiciary's Dependency

• The effectiveness of judicial decisions relies on the executive branch for enforcement, emphasizing the interconnectedness of the branches.
• True independence means the judiciary operates freely in decision-making without external pressures.

Role of Permanency in Office

• Hamilton argues for a permanent judiciary to ensure its firmness and independence from political shifts and pressures.
• This independence is crucial for maintaining checks and balances within government.

Consequences of Electing Judges

• Electing Supreme Court Justices could lead to corruption, as elected judges may be influenced by popular opinion rather than impartial justice.

Independent Court Functions

• Federal courts, as independent bodies, ensure limitations on legislative authority, preserving constitutional rights against potential legislative overreach.
• Courts are tasked with declaring any acts contrary to the Constitution as void, safeguarding rights and privileges.

Constitutional Supremacy

• In conflicts between statutory law and the Constitution, the Constitution holds superior authority, reinforcing the rule of law and intention of the people over legislative bodies.