This website uses cookies to ensure you have the best experience. Learn more

Alexander Hamilton's "Federalist No. 78" Essay

1061 words - 4 pages

In Federalist no. 78 Hamilton explains the powers and duties of the judiciary department as developed in Article III of the Constitution. Article III of the Constitution is very vague on the structure of the federal courts. Hamilton had to convince Americans that the federal courts would not run amok. He presented that the federal courts would not have unlimited power but that they would play a vital role in the constitutional government. Hamilton limited judiciary power by defining it as a text-bound interpretative power. (R.B Bernstein) This essay was intended to endorse as well as interpret the Constitution.
Hamilton approaches the people through this letter by pin pointing several key issues of worry and using his extensive knowledge and background to convince a new nation that they should see in favor of a new Constitution.
Hamilton is backing the judiciary branch as set up in the Constitution. He reiterates what is stated in Article III Section 1 of the Constitution that “all judges who may be appointed by the United States are to hold their offices during good behavior;” (Hamilton.Jay.Madison 99-100) and that he believes it to be “one of the most valuable of the modern improvements in the practice of government.” (Hamilton.Jay.Madison 100)
Hamilton uses fears of past despotism in monarchies and encroachments in representative bodies to persuade people to see that this essential law of good behavior “is the best expedient which can be devised in any government to secure a steady, upright, and impartial administration of the laws.” (Hamilton.Jay.Madison 100)
Federalist no. 78 is persistent in its sort of justifications of the Constitutions vagueness. The letter claims that the judiciary branch is of the least danger of the three branches to the political rights of the Constitution “because it will be least in a capacity to annoy or injure them.” (Hamilton.Jay.Madison 100) Comparing the executive to the “sword of the community” (Hamilton.Jay.Madison 100) and the legislature “not only commands the purse but prescribes the rules by which the duties and rights of every citizen are to be regulated.” (Hamilton.Jay.Madison 100) Hamilton gives the judiciary its power through judgment and states “It may truly be said to have neither FORCE NOR WILL but merely judgment;” (Hamilton.Jay.Madison 100) keeping judiciary truly separate from the executive and legislature allows Hamilton to make this branch appear to be the weakest and one which can never endanger the general liberty of the people.
Hamilton does admit to the judiciaries “continual jeopardy of being overpowered, awed, or influenced by its coordinate branches” (Hamilton.Jay.Madison 100) but manages to turn this weakness into a strong and valid point “as nothing can contribute so much to its firmness and independence as permanency in office”. (Hamilton.Jay.Madison 100) The continual message of complete independence for the courts of justice within a limited constitution can be heard...

Find Another Essay On Alexander Hamilton's "Federalist no. 78"

Republican Attacks Against Alexander Hamilton Essay

767 words - 3 pages Republican Attacks Against Alexander Hamilton Hamilton's Federalist Party and the Democratic Republicans led by Thomas Jefferson had polarized views on the majority of the important political issues. These two political parties which possessed differing opinions and views pertaining to the future of the U.S. government were persistent in their respective arguments against each other. The strongly contrasting views of these two parties are

Justice Marshall Essay

4603 words - 18 pages his party supported Hamilton's notion expressed in Federalist No. 78, and Marshall knew it would strengthen the national government.Catherine Drinker Bowen writes, in her interpretation of the convention, that Hamilton had a vision of the United States as a single, unified nation(pg 109). Jefferson supported a constitution, she explained, but opposed such strength over individual states. Jefferson stated that Hamilton was bewitched and perverted

Alexander Hamilton

1223 words - 5 pages “[T]he man on the ten-dollar bill is the father of the American treasury system, a signer of the Constitution, one of the primary authors of the Federalist Papers, and the loser of the infamous duel with Vice President Aaron Burr. Alexander Hamilton's earlier career as a Continental Army officer is less well known. Yet Hamilton's first experience in public service is important, not only because it was the springboard to his later career, but

The provisions of the Hamilton' s "Report on the Public Credit"

838 words - 3 pages Alexander Hamilton (1755 - 1804) plunged into revolutionary actionsoon after this arrival in New York from the West Indies in 1773. Heserved in the Continental Army and then in the Continental Congress.He, being an advocate of a strong and centralized government, wrotemany of the Federalist essays that promoted the new constitution.Hamilton participated in the Constitutional Convention. When GeorgeWashington became president, he appointed his

Alexander Hamilton

721 words - 3 pages ratification can be attributed almost entirely to Hamilton's efforts as coordinating author of the Federalist Papers and as a speaker and debater. Alexander Hamilton was very persuasive when it came to the ratification of the Constitution. He drew many key points that supported is federalist ideas about a strong central government, and use The Federalist Papers to support and strengthen his thoughts on the ratification. Hamilton used his verbal skills to captivate and persuade the State delegates to agree with his ideas o a strong central government. He took down the Anti-Federalists viewpoints and persuaded them to accept the ratification of the Constitution.

Republicans and Federalists

984 words - 4 pages change with the change of circumstances, institutions must advance also and keep pace with the times." (G) Likewise, he and James Madison also kept many of Alexander Hamilton's economic policies, including taxes and a national bank. John Randolph, a member of the Republican Party, adressed the issue: "I am convinced that it would be impolitic, as well as unjust, to aggravate the burdens of the people for the purpose of favoring the manufacturers

Comparison of Federalist Party to the Whig Party

1393 words - 6 pages Bill of Rights, a compromise that checks and limits the federal government's power.Nevertheless, a well-defined Federalist Party did not exist before 1794. After George Washington's inauguration in 1789, Secretary of the Treasury Alexander Hamilton proposed a plan that would force the national government to assume state debts, fund the national debt, and charter a national bank. Followers of Thomas Jefferson and James Madison opposed this idea

Federalist vs Democrats

810 words - 3 pages From the start, the Federalist and the Democratic Republican parties headed towards achieving different goals of forming a government; Federalists favored the national government whereas the Democratic Republicans favored modest central government with powers given more to the states and the people. Led by Alexander Hamilton, the Secretary of Treasury, the Federalist Party's domestic and foreign policies mainly involved creating a commercial


638 words - 3 pages Unlike many of the other Founding Fathers of America, Alexander Hamilton was not born into a family of wealth and title. Hamilton's mother, Rachel Fawcett, married sugar planter John Lavien on the island of St. Croix in the 1740s. Their relationship was tumultuous, and Lavien frequently beat her. After Lavien had Rachel imprisoned for a short term after one fight, she left her husband and son and fled to the islands of Nevis and St. Kitts in the

Alexander Hamilton

588 words - 2 pages The main character of the Federalist groups of aristocrats, Alexander Hamilton was a key component to early development of the United States of America. Hamilton was epitome of a Federalist; an economic and political wizard, he was able to jumpstart the American economy in the toddler years of this great country. He was a well-respected Patriot by most people, yet at the same time a very arrogant, self-promoter who believed he was more

The similarities and differences between the Federalist and Anti-Federalist papers

989 words - 4 pages Federalist and Anti-Federalist papers discuss whether the constitution should be approved or not. Some things Anti-Federalist and Federalists argued was a strong national government, a standing army, and whether or not the constitution should be ratified and why. The Federalist papers were for the constitution being ratified. They were written by James Madison, John Jay, and Alexander Hamilton. They consisted of 85 articles and essays. Most of them

Similar Essays

Federalist Vs. Antifederalist Essay

1020 words - 4 pages of the government; each assembly ranging from centralized, to state controlled, divided administration.Leading the Federalist group was Alexander Hamilton. Hamilton and his followers sought a strong centralized government in the interest of commerce and industry. In Hamilton's "Report on Manufacturers," he explains by the promotion of manufacturing and commerce the United States could develop into a self-sufficient nation independent of other

Alexander Hamilton Biography 2 Pages Paragraphs Including Introduction Early Life Before The Revolution And During The Revolution During And After The Revolution Later Years

1168 words - 5 pages Alexander Hamilton BiographyAlexander Hamilton, (1757-1804), is a very important man in the history of America. He is best known for his political help in the money issues of government after the American Revolution and he is also well known for being the main writer of The Federalist Papers, a document that successfully gained many followers for the Constitution during the ratification of the Constitution. The document had said many good points

The Federalist Essay

1235 words - 5 pages the time and to spell out what the simple but robust preamble entail, one must reflect to the writings of John Jay, Alexander Hamilton, and James Madison in “The Federalist”. These collections of essays were written between the periods of 1787 to 1788. They were put to pen in an attempt to sway anti-Federalist to the ratification of the Constitution. As this new form of a federation was unheard of, a public decree was sent out to the largest

The Consitutional Interpretation Essay

1536 words - 6 pages Constitutional interpretations of John Jay, John Marshall, and Roger Taney exemplify Alexander Hamilton's adeptness of accurately detailing the relationship among the governmental branches depicted in Federalist 78. In the essay Federalist 78, Hamilton focused attention on the judiciary branch and its role in the balance of power among the three branches of government. In order to avoid an omnipotent or tyrannical government, the Constitution enforces