The Federalists Papers On The Constitution

“You make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other. Besides other impediments, it may be remarked that, where there is a consciousness of unjust or dishonorable purposes, communication is always checked by distrust in proportion to the number whose concurrence is necessary.”

In supporting the main theme of his essay, that is, independence of judiciary, Hamilton argued that the judiciary branch has “neither force nor will but merely judgment.” He maintained that the executive branch holds the “sword” power that commands the military and implementation of laws and the legislature has the full authority

4. The Antifederalist believed that there should be no ratification of the Constitution. They were completely opposed to having a stronger national government if it meant that it was under the Constitution.

Written by Alexander Hamilton, James Madison, and John Jay, the Federalist Papers are a collection of essays that were created in order to defend the Constitution against claims that stated it threatened the freedom and liberty of individuals, and gave too much power to the national government. The 78th essay of the Federalist Papers was written by Alexander Hamilton in efforts to address one of these concerns, that anti-federalists feared the independence of the Judiciary. In this paper, Hamilton recognized and acknowledged the concerns that the anti-federalists had with the Judiciary and defends it by stating why it is necessary for our government and why the people should not fear it for being undemocratic. He creates his argument by explaining how judges are appointed, making clear its purpose and detailing how it’s the least dangerous branch. These ideas that he expressed and argued for can be most clearly seen implemented into Article III of the Constitution, which covers the Judiciary.

The Federalist Papers are an insight into the federal court system of the United States through the interpretation of Alexander Hamilton, James Madison, and John Jay. Through their understanding of the federal court system, we are aided in making our own connections and analysis ' to better understand how the system works. More specifically, in Hamilton 's essay #78, he essentially claims that the federal judiciary isn 't given enough authority to properly do their job. He also makes note that the Supreme Court of the United States should have a substantial amount of power over the US Congress, but only in times when Congress has threatened the

Throughout Federalist #78, Alexander Hamilton discusses the importance of having a judiciary branch and the power of judicial review.

Hamilton argued that out of the three branches of government the judiciary branch was the weakest; therefore it must be empowered to strike down laws passed by congress that go against the constitution. Having independence of the courts creates a balance from congress. Hamilton strongly believes that given the amount of legislative bodies there is ´´reason to fear that the pestilent breath of faction may poison the fountains of justice´´ so as I, Hamilton

The Founding Fathers were governed by the laws and ways set by the monarchy, that being said they had little or no control of their

The American Revolution will always be a source of nationalistic pride for Americans. It represented the era where the freedoms and liberty of the common man fought against tyranny and an oppressive government. What many people overlook is the five year period which defined what the new country would become politically and socially. As the framework for the Constitution was being debated, these factors played a role in how the Federalists saw the future of the fledgling country. Through examining the Federalist papers and comparing their ideology with the Constitution born of it, it is clear that the Constitution created and safeguarded the rights of citizens while maintaining an informal class system.

Read the following paragraphs and mark the answer that best answers the question or completes the blank.

Constitution And To Explain It To The Common People. They Were Written By James Madison,

Hamilton discusses the powers of the judiciary in the Federalist papers essay no 78. He asserts that the judicial arm of the government is the least likely to threaten liberty and property of the citizens. Part of this assertion was brought about by his conviction and beliefs, that the judiciary was the weakest branch of government. The constitution spells out three branches of government which are independent of each other and perform different roles to the benefit of citizens. This document also spells out the checks and balances that help in regulating the three branches. For the judiciary, however, its nature of the roles makes it weakest. It also means that the role that judiciary plays in ensuring justice is meted upon every individual in the country makes it the least arm of government that can threaten individuals’ political rights.

Ours is, ostensibly, a nation of laws. Few concepts in American Law are as generally esteemed as the process of judicial review. The layperson, when pressed, will likely refer to judicial review as a key purpose of the American judiciary, a fundamental check in the American system of government. However, it does not take astute observation to note that any direct reference to the process formally known as judicial review is conspicuously absent in the text of the Constitution. How is it then that the Judiciary, the branch Alexander Hamilton expressly referred to as the least dangerous of three provided arms of Federal government, is in a position to strike laws passed by Congress? Moreover, should the Courts be able to effectively dictate

I don’t believe the United States could function without a federal constitution. The federal constitution is critical to the way our nation is run. Our Constitution has a supremacy clause, which establishes that, the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. This disallows a state from enacting a law that is counter to the federal law. The federal constitution also keeps from states that may have more economic power as well as population from ruling over smaller states. The federal constitution allows the nation to have harmony throughout the legal system. For example, if states didn’t have to follow a federal constitution Florida could adopt slavery while

Federalism is the idea that government exists by consent of the people. Each state only one vote when it came to making decisions under the Articles of Confederation.. This meant that smaller states with a smaller population had the same amount of power as larger states. Also, rather than having a majority vote, 9 out of 13 states had to agree on any new law. It was often difficult to get 9 states to agree with a law so the amendment and legislative processes were much slower.