Hamilton Argued for an Independent Judiciary

Federalist No. 78

published May 28, 1788

Alexander Hamilton published Federalist No. 78 on June 14, 1788, in The New York Independent Journal. In this essay, Hamilton argues that the judiciary is the weakest and most independent branch of government. He believes that it should have permanent tenure and the power to declare unconstitutional laws and actions.

Hamilton's argument is based on the idea that the judiciary is the least dangerous branch of government because it does not have the power to make or enforce laws. Instead, its role is to interpret the laws and to ensure that they are consistent with the Constitution. Hamilton believes that this makes the judiciary an essential check on the power of the other two branches of government.

Hamilton's arguments for an independent judiciary have been influential in the development of American constitutional law. The Supreme Court has used its power of judicial review to strike down laws that it has found to be unconstitutional. This has helped to protect the rights of individuals and to ensure that the government does not exceed its authority.