Federalist78_AssignmentHandout_
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Dec 6, 2023
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Federalist #78 Assignment
Read the Federalist #78 and answer the following questions.
1.
Why are federal judges appointed for life?
2.
What is the role of the federal courts?
3.
Why is it necessary that federal courts are independent from the other branches?
4.
Why does Hamilton believe the federal courts can never endanger personal liberties?
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According to Federalist #78, federal judges are appointed for life to ensure their
independence from political pressures and to promote the stability and integrity of
the judicial branch. This allows judges to make impartial and fair decisions without
fear of losing their jobs or being influenced by popular opinion.
-
The role of the federal courts, as described in Federalist #78, is to interpret the
Constitution and federal laws, resolve disputes between states or between the
federal government and the states, and adjudicate cases involving foreign
governments and citizens. The federal courts also serve as a check on the power of
the other branches of government by reviewing and striking down unconstitutional
laws and actions.
-
It is necessary that federal courts are independent from the other branches of
government to ensure that they can fulfill their role as a check on the power of the
other branches. Without this independence, the judicial branch could become
subservient to the political whims of the other branches and lose its ability to serve
as a check on their power. Additionally, the independence of the judiciary helps to
maintain public confidence in the fairness and impartiality of the legal system.
-
Hamilton argues in Federalist #78 that the federal courts can never endanger
personal liberties because they do not have the power of the purse or the sword. In
other words, the courts cannot directly enforce their decisions or create new laws,
which limits their ability to infringe on individual rights. Additionally, Hamilton
notes that judges are bound by the Constitution and the law, which provides further
safeguards against the potential abuse of power. Overall, Hamilton believes that the
federal courts are essential for protecting individual rights and upholding the rule of
law, while also being limited in their ability to infringe on personal liberties.
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