The Federalist Papers, Federalist No. 78 summary

What happens

1. Hamilton identifies judicial structure and authority as his subjects, then focuses on judges’ tenure during good behavior.
2. He describes the judiciary as the weakest branch, dependent on executive enforcement and needing protection from political interference.
3. He argues that courts must reject unconstitutional statutes because the Constitution expresses authority higher than ordinary legislation.
4. He distinguishes legal judgment from personal preference and connects secure tenure with faithful constitutional interpretation.
5. He argues that independent judges protect minorities and private rights against temporary public anger and unjust legislation.
6. He rejects temporary appointments and explains that lasting tenure helps attract the few candidates with sufficient legal knowledge and integrity.

In this paper

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