The Federalist Papers, Federalist No. 79 summary

What happens

1. Hamilton argues that legislative control over judges’ livelihoods undermines their independence, making explicit salary protection necessary.
2. He defends allowing salary increases while protecting each judge against reductions, since long service can make an initially adequate income insufficient.
3. He explains that the House of Representatives impeaches judges for misconduct and the Senate tries them.
4. He rejects a general incapacity rule because assessments of mental ability invite arbitrary and partisan decisions.
5. He criticizes New York’s retirement age of sixty as unnecessary and harsh toward judges who remain capable but depend on their salaries.

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