Federalist No. 78 Overview

Overview of Federalist No. 78

• Federalist No. 78 argues for the judiciary's role in determining the constitutionality of Congressional acts.
• Claims that the Constitution must prevail in cases of conflict between laws and constitutional principles.

Judicial Review

• Judicial review allows courts to declare laws unconstitutional.
• Establishes a critical check on Congressional power, ensuring legislative actions remain within constitutional boundaries.

Powers of Government

• Power of the Sword: Refers to the President's authority as commander-in-chief, enforcing laws and national defense.
• Power of the Purse: Congress holds the financial power to tax, spend, and control government funding.

Public Concerns

• Many citizens expressed concern over an unelected judiciary, fearing potential dangers posed by lifetime appointments and lack of accountability.
• The perception of judicial independence was complex due to its non-elected status.

Judiciary as the Weaker Branch

• Described as the "weakest branch" because it lacks control over the military (sword) and financial resources (purse).
• Relies on the other branches (Executive and Legislative) for enforcement of its rulings.

Independence of Justices

• Life tenure for justices is intended to insulate them from political pressures, allowing them to faithfully interpret the Constitution.
• Elected judges might prioritize public opinion over constitutional adherence, jeopardizing judicial integrity.

Purpose of the Judiciary

• The main role of the judiciary is to ensure laws and policies are constitutional, safeguarding citizens' liberties.
• Functions as a protector of constitutional rights, reinforcing the principle of limited government authority.

Conclusion of Federalist No. 78

• Emphasizes the importance of an independent judiciary in a balanced government.
• Advocates for judicial checks as vital for the preservation of democratic values and the Constitution.