The Federalist Papers、Federalist No. 78の要約

85のFederalist No. 78 · paperは11分で読めます

In Federalist No. 78, Hamilton argues that judges need permanent tenure during good behavior to protect constitutional limits and individual rights against political pressure. He explains that courts must reject statutes that conflict with the Constitution because the people’s authority exceeds that of their representatives, not because judges outrank legislators.

起こる出来事

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