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Federalist 78 : The Judiciary

Hamilton argued that the Judiciary was not as strong as the legislative and executive arms of the government. After ratification of the US government between the years 1787 to 1788, the federalists realized that the Judiciary did not have similar powers as the executive and legislature. It lacked decision-making abilities ADDIN ZOTERO_ITEM CSL_CITATION {“citationID”:”nNMYTxZ5″,”properties”:{“formattedCitation”:”(Hamilton et al.)”,”plainCitation”:”(Hamilton et al.)”,”noteIndex”:0},”citationItems”:[{“id”:1080,”uris”:[“http://zotero.org/users/local/rEYGfGF8/items/XHGWXWGD”],”uri”:[“http://zotero.org/users/local/rEYGfGF8/items/XHGWXWGD”],”itemData”:{“id”:1080,”type”:”chapter”,”abstract”:”WE PROCEED now to an examination of the judiciary department of the proposed government.”,”container-title”:”The Federalist Papers”,”event-place”:”New York”,”ISBN”:”978-0-230-10201-9″,”language”:”en”,”note”:”DOI: 10.1057/9780230102019_47″,”page”:”235-240″,”publisher”:”Palgrave Macmillan US”,”publisher-place”:”New York”,”source”:”Springer Link”,”title”:”Federalist No. 78″,”URL”:”https://doi.org/10.1057/9780230102019_47″,”author”:[{“family”:”Hamilton”,”given”:”Alexander”},{“family”:”Madison”,”given”:”James”},{“family”:”Jay”,”given”:”John”}],”editor”:[{“family”:”Hamilton”,”given”:”Alexander”},{“family”:”Madison”,”given”:”James”},{“family”:”Jay”,”given”:”John”}],”accessed”:{“date-parts”:[[“2020″,5,26]]},”issued”:{“date-parts”:[[“2009″]]}}}],”schema”:”https://github.com/citation-style-language/schema/raw/master/csl-citation.json”} (Hamilton et al.). Its function was merely judgment rather than doing the strong functions such as control of the government expenditure, or commanding the armed forces. It also lacked independence, permanence, and continuity. Unlike the executive arm of the government, the Judiciary could not wage war.

For this reason, there would not arise any threats from the Judiciary, making it less dangerous. Further, it could not decide the conduct of citizens in the country ADDIN ZOTERO_ITEM CSL_CITATION {“citationID”:”bpYaEch9″,”properties”:{“formattedCitation”:”(Hamilton 1)”,”plainCitation”:”(Hamilton 1)”,”noteIndex”:0},”citationItems”:[{“id”:1081,”uris”:[“http://zotero.org/users/local/rEYGfGF8/items/I3N8L664″],”uri”:[“http://zotero.org/users/local/rEYGfGF8/items/I3N8L664″],”itemData”:{“id”:1081,”type”:”article”,”title”:”Federalist Papers Federalist, No. 78, And The Power Of The Judiciary”,”author”:[{“family”:”Hamilton”,”given”:””}]},”locator”:”1″,”label”:”page”}],”schema”:”https://github.com/citation-style-language/schema/raw/master/csl-citation.json”} (Hamilton 1). Therefore, it depended on the executive and legislative arms to perform the essential duties.

In his essays, Hamilton maintained that the Judiciary should be an independent arm and exercise its purpose in the government. It needed independence to form the legislative and executive arms. The objectives included matters surround the appointment of judges and their office tenure, as well as maintaining its authority regarding the relationship within different judicial courts ADDIN ZOTERO_ITEM CSL_CITATION {“citationID”:”gIRTVuKC”,”properties”:{“formattedCitation”:”(Hamilton 2)”,”plainCitation”:”(Hamilton 2)”,”noteIndex”:0},”citationItems”:[{“id”:1081,”uris”:[“http://zotero.org/users/local/rEYGfGF8/items/I3N8L664″],”uri”:[“http://zotero.org/users/local/rEYGfGF8/items/I3N8L664″],”itemData”:{“id”:1081,”type”:”article”,”title”:”Federalist Papers Federalist, No. 78, And The Power Of The Judiciary”,”author”:[{“family”:”Hamilton”,”given”:””}]},”locator”:”2″,”label”:”page”}],”schema”:”https://github.com/citation-style-language/schema/raw/master/csl-citation.json”} (2). The purpose of the Judiciary included protecting the people and ensuring that their rights and privileges and upheld. The Judiciary also ought to rule out any unconstitutional laws. Judges will maintain judicial office after a measure of ‘good behavior’. The goal is to provide fairness and justice to the administration of secure and upright laws.

Hamilton believed that the Judiciary has equal significance in the government. What makes it more outstanding is the judges’ independence from any political interference, putting the people’s interest first. He maintains that the constitution remains the reference to fundamental laws. The roles of the Judiciary include interpretation of the legislative powers to the people ADDIN ZOTERO_ITEM CSL_CITATION {“citationID”:”chRGqiI3″,”properties”:{“formattedCitation”:”(Hamilton 4)”,”plainCitation”:”(Hamilton 4)”,”noteIndex”:0},”citationItems”:[{“id”:1081,”uris”:[“http://zotero.org/users/local/rEYGfGF8/items/I3N8L664″],”uri”:[“http://zotero.org/users/local/rEYGfGF8/items/I3N8L664″],”itemData”:{“id”:1081,”type”:”article”,”title”:”Federalist Papers Federalist, No. 78, And The Power Of The Judiciary”,”author”:[{“family”:”Hamilton”,”given”:””}]},”locator”:”4″,”label”:”page”}],”schema”:”https://github.com/citation-style-language/schema/raw/master/csl-citation.json”} (4). The people’s interests and intentions are essential than what their political representatives claim. Therefore, it is the work of the Judiciary being an independent arm to ensure security from interference either internally or externally.

According to Milton, the judicial selection and office term should be a permanent tenure. Judges after elected on ‘good behavior’, they will freely perform their roles without interferences from the legislative arm. The permanent tenure office, therefore, ensures protecting the rights of citizens. Good behavior will ensure their office tenure as they uphold ethical, moral standards. Moreover, while in office, these judges perform tasks that demand ethical behavior. These judges will be in service unless they are prosecuted for an offense, or are declared mentally incapacitated. He also argued that with age comes wisdom; therefore, holding a judicial office should not be restricted to a specific age limit ADDIN ZOTERO_ITEM CSL_CITATION {“citationID”:”aeRQZYhq”,”properties”:{“formattedCitation”:”(Hamilton 5)”,”plainCitation”:”(Hamilton 5)”,”noteIndex”:0},”citationItems”:[{“id”:1081,”uris”:[“http://zotero.org/users/local/rEYGfGF8/items/I3N8L664″],”uri”:[“http://zotero.org/users/local/rEYGfGF8/items/I3N8L664″],”itemData”:{“id”:1081,”type”:”article”,”title”:”Federalist Papers Federalist, No. 78, And The Power Of The Judiciary”,”author”:[{“family”:”Hamilton”,”given”:””}]},”locator”:”5″,”label”:”page”}],”schema”:”https://github.com/citation-style-language/schema/raw/master/csl-citation.json”} (5). Thus, life or permanent tenure provides judicial independence and sustainability of the roles as mentioned earlier.

Hamilton did not support that the Judiciary will stand as a threat by overpowering the government’s legislative arm. He instead believed that making the judiciary permanent would become a barrier to oppression. Its power is to act, rather than merely passing judgments. To conclude, Hamilton supported the organizational independence of the three arms of government. He envisioned a strong judiciary under whose judges maintain ethical standards in carrying out their duties.

Works Cited

ADDIN ZOTERO_BIBL {“uncited”:[],”omitted”:[],”custom”:[]} CSL_BIBLIOGRAPHY Hamilton. Federalist Papers Federalist, No. 78, And The Power Of The Judiciary.

Hamilton, Alexander, et al. “Federalist No. 78.” The Federalist Papers, edited by Alexander Hamilton et al., Palgrave Macmillan US, 2009, pp. 235–40. Springer Link, doi:10.1057/9780230102019_47.