The Federalists Papers On The Constitution

1907 WordsJan 27, 20158 Pages
Avery Robinson Peter Doas TX GOVT 2306 Feb. 1, 2015 Federalist No. 78 The Federalists Papers were written in the eighteenth century by James Madison, Alexander Hamilton and John Jay in an effort to persuade New Yorkers to ratify the new U.S. Constitution. These papers are said to be the key that unlocks the true interpretation and meaning of the Unites Sates Constitution. One of the controversial topics relating to the Constitution that the Federalists Papers help to straighten out, is the practice of judicial review by the Supreme Court. In this essay, I will point out many of the examples Alexander Hamilton gives in Federalist No. 78 that support the idea of the Supreme Court having power of judicial review over all levels of government, especially state governments. The first example Alexander Hamilton gives that seems to support this idea is in the fifth paragraph and it states, “In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.” To break it down, the judiciary is what prevents things like a “despotism of the prince” or expressing power through dictatorship in a monarchy. In a republic, the judiciary keeps the representatives from becoming too powerful as well. Hamilton wrote that having a

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