Federalist Paper #78
By Alexander Hamilton
Page 1 Main Point
1st paragraph
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Addresses' the need for a separate judicial
branch and the meaning of judicial review.
Paragraph 4
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The constitution
declares that judges
should hold there
office for life.
Most valuable modern
improvement in the
practice of
government.
So forth…
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How weak the judicial
branch is compared to
the legislative and
executive branches.
The only power that the
judicial branch has is the
power to judge, not to
act.
Even then this power still
resides with the executive
branch who carries out
the decisions.
WHY!
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Congress does not have
the power to delegate
authority because the
constitution has put
limitations to protect
individual liberties.
Separation is needed so
the courts can decide all
other matters.
Without them doing their
duty:
“reservations of particular
rights or privileges would
amount to nothing.”
WHY!

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The courts have the right to
pronounce “legislative acts
void”, but that does not mean
that the judicial branch is
above congress.
Giving more power to the
legislative branch would go
against the constitution and
confirm “that the servant is
above his master, that the
representatives of the people
are superior to the people
themselves.”
The courts should be separate
and have its own power to
keep the “latter within the
limits assigned to their
authority.”
JUDICIAL REVIEW

Constitution = Fundamental law = the
courts = determine its meaning and the
meaning of any “act proceeding from the
legislative body.”