Van%20Hnem%20-%20Federalist%2078%20Questions
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Political Science
Date
Dec 6, 2023
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Uploaded by DrWorld12485
Required Document:
Federalist
No. 78
Guided Reading Questions
Answer the following questions as you read
Federalist
No. 78.
1.
What branch does
Federalist
No. 78 discuss?
Judiciary department.
2.
In your own words, what three issues regarding the judiciary is Hamilton addressing? (paragraphs 2-3)
Hamilton is addressing three issues regarding the judiciary. Firstly, he discusses the mode of appointing judges.
Secondly, he talks about the tenure or how long judges hold their positions. Lastly, he mentions the partition of
judicial authority among different courts and their relationships with each other.
3.
Hamilton states that he will not address the first issue in this essay. From your knowledge of checks and
balances, what is the Constitution’s answer to this issue? (paragraph 4)
The Constitution's answer to the mode of appointing judges is addressed in the previous numbers of the essays.
Hamilton states that discussing it further here would be repetitive.
4.
Why is life tenure for judges so vital in a republic? (paragraphs 5-6)
Life tenure for judges is vital in a republic because it ensures their independence and impartiality. It serves as a
barrier against despotism in a monarchy and prevents encroachments by the representative body in a republic. It
is a valuable safeguard for a steady and fair administration of the laws.
5.
What evidence does Hamilton provide to defend his claim that, “the judiciary
…
will always be the least
dangerous” branch? (paragraph 7)
Hamilton defends his claim that the judiciary is the least dangerous branch by highlighting the nature of its
functions. Unlike the Executive, which has the power of the sword, and the Legislature, which controls the purse,
the judiciary has no influence over these powers. It relies on the aid of the executive for the enforcement of its
judgments. Thus, it can be seen that the judiciary has neither force nor will, but only judgment, making it less likely
to infringe upon political rights.
6.
Summarize Hamilton’s comparison of the powers of each branch. (paragraph 7)
Legislative: The legislature commands the purse and prescribes rules for citizens' duties and rights.
Executive: The executive dispenses honors and holds the sword of the community.
Judicial: The judiciary has no influence over the sword or the purse, but has judgment.
7.
What does it mean that the judiciary has “neither force nor will”? What is the result of this? (paragraph 7)
When Hamilton says that the judiciary has "neither force nor will," he means that the judiciary lacks the power to
enforce its decisions or actively make resolutions. As a result, the judiciary relies on the executive arm for the
effectiveness of its judgments.
Required Document:
Federalist
No. 78
Guided Reading Questions
8.
What is the best way for the judiciary to remain independent? (paragraph 8)
To ensure the judiciary's independence, Hamilton argues that it should remain distinct from the legislative and
executive branches. He emphasizes the importance of permanency in office for the judiciary, as it contributes to its
firmness and independence. This quality is seen as crucial for public justice and security.
9.
Hamilton mentions two limits on Congress’s law-making power. Identify both. (paragraphs 9-11)
Hamilton mentions two limits on Congress's law-making power: the Constitution and the rights of the people.
10. According to Hamilton, what is the best way to make sure Congress doesn’t pass any illegal laws? (paragraphs
9-11)
To ensure that Congress doesn't pass any illegal laws, Hamilton argues that the complete independence of the
courts of justice is crucial. The duty of the courts is to declare any acts contrary to the Constitution as void. This
preserves the limitations on legislative authority specified in the Constitution. It is not about the judiciary being
superior to the legislative power, but rather about ensuring that acts contrary to the Constitution are not valid.
11. What does Hamilton say about laws that are contrary to the Constitution? (paragraphs 9-11)
Hamilton states that any legislative act contrary to the Constitution is void. He emphasizes that every act of a
delegated authority that goes against the commission under which it is exercised is invalid
12. What judicial power that isn’t explicitly mentioned in the Constitution is Hamilton describing in this section?
(paragraphs 9-11)
Hamilton is describing the power of judicial review, which is the authority of the courts to declare legislative acts
void if they are contrary to the Constitution. This power is not explicitly mentioned in the Constitution but is
implied as a means to preserve the limitations on legislative authority.
13. Why does Hamilton believe that if judges don’t have tenure the judiciary would no longer defend the
Constitution? (paragraph 20)
Hamilton believes that if judges don't have tenure, the judiciary would no longer defend the Constitution because
their independence is crucial in safeguarding against occasional ill humors in society. The firmness of the judicial
magistracy is important in mitigating the severity of unjust and partial laws. It serves as a check on the legislative
body, compelling them to qualify their attempts at injustice.
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