Name________________________
Federalist # 78: Study Questions
1. Describe Hamilton's general attitude toward the proposed Supreme Court of the
United States?
2. According to the author, why are the courts vital to a limited constitution?
3. Why does the author believe that judges have permanent tenure?
4. Hamilton argues that the federal judiciary will be the 'least dangerous' political
branch under the Constitution because it has neither 'purse' nor 'sword.' What does
he mean by these two phrases?
5. Examine each of the following passages and discuss its meaning in the broader
context of Federalist #78 (complete your responses on the back of this paper):
"the judiciary, from the nature of its functions, will always be the least
dangerous to the political rights of the Constitution . . . [it] may truly be said
to have neither FORCE nor WILL, but merely judgment; and must ultimately
depend upon the aid of the executive arm even for the efficacy of its
judgments."
"For there is no liberty, if the power of judging be not separated from the
executive and legislative powers."