Federalist No. 78: The Judiciary Department By Alexander Hamilton, To the People of the State of New York: WE PROCEED now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged, as the propriety of the institution in the abstract is not disputed; the only questions which have been raised being relative to the manner of constituting it, and to its extent. To these points, therefore, our observations shall be confined. According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices DURING GOOD BEHAVIOR. ... The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government. 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. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

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Copy at least 2 quotations from the foundational document. a. Under each quotation write a 1 SENTENCE SUMMARY or PARAPHRASE the main ideas
Federalist No. 78: The Judiciary Department
By Alexander Hamilton, To the People of the State of New York:
WE PROCEED now to an examination of the judiciary department of the
proposed government.
In unfolding the defects of the existing Confederation, the utility and necessity of
a federal judicature have been clearly pointed out. It is the less necessary to
recapitulate the considerations there urged, as the propriety of the institution in
the abstract is not disputed; the only questions which have been raised being
relative to the manner of constituting it, and to its extent. To these points,
therefore, our observations shall be confined.
According to the plan of the convention, all judges who may be appointed by the
United States are to hold their offices DURING GOOD BEHAVIOR. ... The standard
of good behavior for the continuance in office of the judicial magistracy, is
certainly one of the most valuable of the modern improvements in the practice of
government. 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.
The Executive not only dispenses the honors, but holds the sword of the
community. The legislature not only commands the purse, but prescribes the
rules by which the duties and rights of every citizen are to be regulated. The
judiciary, on the contrary, has no influence over either the sword or the purse; no
direction either of the strength or of the wealth of the society; and can take no
active resolution whatever. It may truly be said to have neither FORCE nor WILL,
but merely judgment; and must ultimately depend upon the aid of the executive
arm even for the efficacy of its judgments.
Transcribed Image Text:Federalist No. 78: The Judiciary Department By Alexander Hamilton, To the People of the State of New York: WE PROCEED now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged, as the propriety of the institution in the abstract is not disputed; the only questions which have been raised being relative to the manner of constituting it, and to its extent. To these points, therefore, our observations shall be confined. According to the plan of the convention, all judges who may be appointed by the United States are to hold their offices DURING GOOD BEHAVIOR. ... The standard of good behavior for the continuance in office of the judicial magistracy, is certainly one of the most valuable of the modern improvements in the practice of government. 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. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
This simple view of the matter suggests several important consequences. It
proves incontestably, that the judiciary is beyond comparison the weakest of the
three departments of power; that it can never attack with success either of the
other two; and that all possible care is requisite to enable it to defend itself
against their attacks.
and that as nothing can contribute so much to its firmness and independence
as permanency in office, this quality may therefore be justly regarded as an
indispensable ingredient in its constitution, and, in a great measure, as the
citadel of the public justice and the public security.
The complete independence of the courts of justice is peculiarly essential in a
limited Constitution. By a limited Constitution, I understand one which contains
certain specified exceptions to the legislative authority; such, for instance, as that
it shall pass no bills of attainder, no ex-post-facto laws, and the like.
Limitations of this kind can be preserved in practice no other way than through
the medium of courts of justice, whose duty it must be to declare all acts contrary
to the manifest tenor of the Constitution void. Without this, all the reservations
of particular rights or privileges would amount to nothing.
It is far more rational to suppose, that the courts were designed to be an
intermediate body between the people and the legislature, in order, among other
things, to keep the latter within the limits assigned to their authority. The
interpretation of the laws is the proper and peculiar province of the courts. A
constitution is, in fact, and must be regarded by the judges, as a fundamental law.
It therefore belongs to them to ascertain its meaning, as well as the meaning of
any particular act proceeding from the legislative body. If there should happen to
be an irreconcilable variance between the two, that which has the superior
obligation and validity ought, of course, to be preferred; or, in other words, the
Constitution ought to be preferred to the statute, the intention of the people to
the intention of their agents.
Transcribed Image Text:This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks. and that as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public justice and the public security. The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex-post-facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing. It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
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