Federalist No. 78: The Judiciary Department

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Questions and Answers

What is the central idea of Federalist No. 68?

To abolish the presidency and establish a parliamentary system

To establish a hereditary monarchy in the United States

To advocate for the direct appointment of the President by Congress

To defend the method of electing the President outlined in the Constitution (correct)

What does Alexander Hamilton emphasize as the importance of the people's input in choosing the President?

Ensuring that the sense of the people operates directly in the selection process (correct)

Eliminating the need for a presidential election altogether

Allowing foreign influence in the election process

Appointing the President based on hereditary succession

What is one of the advantages that Alexander Hamilton believes is effectively combined in the method of appointing the President?

The people's input in choosing a person for such a significant trust (correct)

The exclusion of citizens from any involvement in the election process

The appointment by a hereditary monarchy

The appointment by foreign governments

What does Alexander Hamilton address as a concern during the election process of the President?

Tumult and disorder during the election process Signup and view all the answers

How does Alexander Hamilton guard against potential corruption, intrigue, and foreign influence in the election of the President?

By excluding individuals holding places of trust or profit under the United States from eligibility as electors Signup and view all the answers

What does Alexander Hamilton assert about making the President's re-election depend on a special body of representatives?

It compromises the President's duty Signup and view all the answers

What is emphasized as a safeguard against potential abuses in government?

The division and arrangement of powers within government Signup and view all the answers

What is highlighted as an effective protector of civil rights in the United States?

The vastness and federal system in the United States Signup and view all the answers

'Federalist No. 68' focuses on which aspect of governance in the United States?

The mode of electing the President Signup and view all the answers

According to Federalist No. 78, why does the judiciary need a degree of independence?

To pronounce legislative acts void if they are contrary to the Constitution Signup and view all the answers

What does James Madison propose as a solution to control the negative effects of factions?

Introducing the concept of a republic with elected representatives Signup and view all the answers

What is James Madison's definition of a republic in Federalist No. 10?

A government deriving powers from the people and administered by chosen officials for a limited period Signup and view all the answers

According to Federalist No. 39, what does James Madison compare the proposed Constitution to?

A composition of both federal and national elements Signup and view all the answers

What is the main focus of Federalist No. 51?

The necessity of checks and balances within the government structure Signup and view all the answers

Why does Hamilton argue for the permanency of judicial offices?

To secure qualified and independent judges with a deep understanding of the law Signup and view all the answers

What does Madison identify as one of the main methods to address issues caused by factions in Federalist No. 10?

Controlling the effects by introducing a republic with elected representatives Signup and view all the answers

According to Hamilton in Federalist No. 78, what is essential to guard against legislative encroachments?

The judiciary's authority to pronounce legislative acts void if they are contrary to the Constitution Signup and view all the answers

What is Madison's view on making every citizen share the same opinions, passions, and interests?

He deems it as an impractical solution due to human nature's inherent diversity Signup and view all the answers

According to Federalist No. 78, who authored the paper discussing the judiciary department of the proposed government under the Constitution?

Alexander Hamilton Signup and view all the answers

What does Hamilton emphasize will be confined to the discussion in Federalist No. 78?

Manner of constituting the judiciary Signup and view all the answers

In the proposed plan, how long are judges appointed by the United States to hold their offices?

Good behavior Signup and view all the answers

What does Hamilton argue that aligns with the most approved state constitutions regarding the tenure of judges?

Good behavior standard Signup and view all the answers

According to Hamilton, which branch among the three departments of government is considered the least dangerous?

Judiciary Signup and view all the answers

What does Hamilton consider valuable for maintaining an impartial judiciary?

The concept of good behavior as a standard for continuance in office Signup and view all the answers

In which Federalist Paper does Alexander Hamilton discuss the judiciary department of the proposed government under the Constitution?

Federalist No. 78 Signup and view all the answers

What does Hamilton state has been established in previous Federalist Papers regarding the federal judicature?

The utility and necessity of a federal judicature Signup and view all the answers

Study Notes

Federalist Papers: Governance and Judiciary

Federalist No. 68 focuses on the mode of electing the President, and Alexander Hamilton emphasizes the importance of the people's input in choosing the President.

Importance of People's Input

Hamilton believes that the people's input is necessary to prevent cabal, intrigue, and foreign influence in the election process.

Advantages of Electing the President

The mode of appointing the President effectively combines the advantages of a vigorous executive with a sense of responsibility.

Concerns in Election Process

Hamilton addresses the concern of factions and corruption during the election process.

Guarding Against Corruption

Hamilton proposes a special body of representatives to guard against potential corruption, intrigue, and foreign influence in the election of the President.

Safeguards Against Abuse

The Constitution provides safeguards against potential abuses in government, particularly in the judiciary, to protect civil rights.

Focus of Federalist No. 68

Federalist No. 68 focuses on the mode of electing the President and the importance of the people's input.

Importance of Judicial Independence

According to Federalist No. 78, the judiciary needs a degree of independence to prevent legislative encroachments.

Solution to Factions

James Madison proposes a republic as a solution to control the negative effects of factions in Federalist No. 10.

Definition of a Republic

James Madison defines a republic as a government which derives all its powers directly or indirectly from the great body of the people.

Comparison of the Proposed Constitution

According to Federalist No. 39, James Madison compares the proposed Constitution to a compound republic.

Focus of Federalist No. 51

The main focus of Federalist No. 51 is the structure of government and the principles of representation.

Permanency of Judicial Offices

Hamilton argues for the permanency of judicial offices to protect against legislative encroachments.

Addressing Factions

James Madison identifies the diffusion of citizens into interest groups as one of the main methods to address issues caused by factions in Federalist No. 10.

Essential to Guard Against Legislative Encroachments

According to Hamilton in Federalist No. 78, it is essential to have a separate judiciary to guard against legislative encroachments.

Uniformity of Opinions

Madison believes that it is impractical to make every citizen share the same opinions, passions, and interests.

Author of Federalist No. 78

Alexander Hamilton authored Federalist No. 78, which discusses the judiciary department of the proposed government under the Constitution.

Focus of Federalist No. 78

Hamilton emphasizes that the discussion in Federalist No. 78 will be confined to the discussion of the judiciary department.

Tenure of Judges

Judges appointed by the United States hold their offices during good behavior.

Tenure of Judges in State Constitutions

Hamilton argues that the tenure of judges aligns with the most approved state constitutions.

Least Dangerous Branch

Hamilton considers the judiciary the least dangerous among the three departments of government.

Maintaining an Impartial Judiciary

Hamilton values the diffusion of power and the independence of the judiciary to maintain an impartial judiciary.

Federalist Paper on Judiciary

Alexander Hamilton discusses the judiciary department of the proposed government under the Constitution in Federalist No. 78.

Established in Previous Papers

Hamilton states that the federal judicature has been established in previous Federalist Papers.

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Description

Test your knowledge of Alexander Hamilton's discussion of the judiciary department under the proposed government in Federalist No. 78. Explore key points such as judicial appointment, tenure, and the role of the judiciary in safeguarding the Constitution and individual rights.