Federalist No. 78 Overview

Questions and Answers

What is the main argument of Federalist No. 78?

Congress can override Supreme Court decisions.

The federal courts have the duty to determine whether acts of Congress are constitutional. (correct)

The President has supreme authority over the judiciary.

The judiciary branch should be elected.

What is judicial review?

The power of the courts to declare laws unconstitutional.

What is the President's role termed as the 'Power of the Sword'?

Commander-in-chief and chief executive.

What does the 'Power of the Purse' refer to?

Congress's power to raise and spend money. Signup and view all the answers

Many people felt that an unelected judiciary could be dangerous.

True Signup and view all the answers

Why is the judiciary considered the weakest branch of government?

It doesn't have influence over either the sword or the purse. Signup and view all the answers

How does life tenure for justices affect their decision-making?

It frees justices from political pressure and enables independent action. Signup and view all the answers

What role does judicial review play regarding Congress?

It prevents Congress from abusing its power. Signup and view all the answers

What is the purpose of the judicial branch?

To rule any laws or policies not in accordance with the Constitution as unconstitutional. Signup and view all the answers

Study Notes

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.

Description

This quiz explores the arguments presented in Federalist No. 78, focusing on the judicial branch's role in evaluating the constitutionality of laws. It discusses the concept of judicial review, the balance of government powers, and public concerns regarding an independent judiciary.