Federalist No. 78
Alexander Hamilton, 1788 — The Vital Role of an Independent Judiciary
Basic Information
Author: Alexander Hamilton (Publius) · Year: 1788
Main Topic: An independent federal judiciary is necessary to protect liberties and review government actions. This is a Required Source on the Argument Essay FRQ.
Memory Tricks
"78 = Judges for Life" — Federalist 78 defends lifetime tenure for federal judges. This insulates them from political pressure.
"Least Dangerous Branch" — Hamilton called the judiciary the least dangerous branch — no sword (military) or purse (taxation). Only judgment.
"No Force, No Will — Only Judgment" — Courts can only interpret law, not make it or enforce it — but Marbury v. Madison gave them the power of judicial review!
Bullet Point Summary
An independent federal judiciary is necessary to resolve national disputes.
Courts should review the actions of other branches based on the Constitution — anticipates judicial review.
Courts should be protected from political influence and remain passive.
Judges should be bound by strict rules and precedents, not arbitrary discretion.
Lifetime tenure insulates judges from political pressure.
Important Quotes
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid."
"To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them."
"It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority."
Argument Essay Connections
Document (-)
Federalist No. 70
Hamilton's strong executive (Fed. 70) conflicts with an independent judiciary that can check the executive
Court Case (+)
Marbury v. Madison
Judicial review established — exactly what Hamilton anticipated in Fed. 78
Unit 1 (+)
Enumerated powers
Courts enforce constitutional limits on enumerated powers
Unit 3 (+)
Senate approval of judicial nominees
Senate confirmation is the democratic check on judicial appointments
Unit 4 (-)
Politics of the nomination and confirmation process
Modern politicization of courts contradicts Hamilton's vision of independence
Unit 5 (+)
Brown v. Board of Education
Independent courts overturned state segregation — protecting rights as Hamilton envisioned
Writing Practice
AP-Style Argument Essay Prompt
Develop an argument that evaluates whether the federal judiciary remains an independent branch of government, as Hamilton envisioned in Federalist No. 78, given the modern nomination and confirmation process.
Tip: Hamilton's ideal: courts as independent, apolitical interpreters. The modern reality: politicized confirmation battles. Use this tension as the core of your argument.
Key Takeaways
- Argues for lifetime tenure to insulate judges from political pressure
- Courts are the least dangerous branch — no sword or purse, only judgment
- Anticipates judicial review: laws contrary to the Constitution are void
- Judges bound by precedent (stare decisis), not arbitrary will