Alexander Hamilton's "Federalist no. 78" Essay

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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…show more content…
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 through out the letter. The judiciary did have rights to pronounce legislative acts void which was a concern to many who felt that by giving this power implied the judiciary branch to be superior to the legislative branch. Hamilton smoothly calmed these fears by showing that the only laws that would be pronounced void would be laws that were contrary to the
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