The Federalist Papers, Federalist No. 81 summary

What happens

1. Hamilton argues that independent judges offer greater legal knowledge, stability, and freedom from faction than legislators exercising final judicial authority.
2. He distinguishes changing rules for future cases from reversing existing judgments and presents impeachment as a safeguard against judicial encroachment.
3. He defends lower federal courts as practical alternatives to sending every national case directly to the Supreme Court.
4. He explains the Supreme Court’s limited original jurisdiction and denies that the proposed plan permits individuals to compel States to repay debts.
5. He argues that appellate authority over facts need not replace juries and that Congress can regulate or restrict such review.

In this paper

What to notice

The distinction answers the claim that federal judges escape a legislative control available elsewhere. Hamilton separates making general law from reopening an individual judgment.

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