The Federalist Papers, Federalist No. 65 summary
Federalist No. 65 of 85 · 7 min to read the paper
In Federalist No. 65, Hamilton defends the Senate as the most suitable court for impeachment trials, despite the danger that political factions distort judgment. He rejects alternative arrangements because of concerns about independence, judicial bias, expense, and delay, then argues that imperfections alone do not justify rejecting the Constitution.
What happens
- Hamilton defines impeachable offenses as abuses of public trust and warns that factional loyalties can outweigh evidence.
- He defends legislative participation in impeachment and argues that the Senate has the independence and standing the task requires.
- He rejects the Supreme Court because of its size, uncertain public authority, and potential bias in a separate criminal trial.
- He favors having the chief justice preside rather than combining the entire Supreme Court with the Senate.
- He argues that a separate impeachment tribunal creates expense or delays that harm individuals and government.
- He concludes that opponents must show the Constitution is harmful overall, not merely imperfect in particular provisions.

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In this paper
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Why does Hamilton oppose making the Supreme Court the impeachment tribunal?

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