The Federalist Papers No. 78 Publius

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In the Federalist Papers No. 78 Publius asserts that the need for the judiciary has been well established and focuses instead on what he considered the key concerns raised by those against ratifying the constitution. These concerns were how Supreme Court justices would be chosen, how long a justice would remain in office, more specifically if lifetime appointments were appropriate and the division of authority between the different courts and their relationship to each other. While I would agree there has always been a clear understanding in America of the need for an objective arbitrator with a keen knowledge of the law to settle disputes and also a belief in the right to a trial in front of a jury of one’s peers. I am not sure if that core understanding translated into an automatic acceptance of the Supreme Court. It is fair however to determine that laws without a body to interpret them would make a functional government almost impossible. A law is not actionable until the application has been teased out through trial and error. The writers of the constitution or any law could not anticipate every dynamic and therefore could not write laws detailed enough to stand alone. However, it seemed to me Publius was a bit disingenuous when he wrote “the utility and necessity of a federal judicature have been clearly pointed out…as the propriety of the institution in the abstract is not disputed.” The need for the constitution was being disputed and hundreds of pages of arguments

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