Federalist Paper #78, written by Alexander Hamilton, is one of the most important essays in the Federalist Papers series, as it lays the foundation for the role of the judiciary in the United States government. 
Hamilton begins by asserting that the judiciary is inherently the “least dangerous” branch of government. He explains that, unlike the executive, which holds the “sword of the community,” or the legislature, which controls the “purse,” the judiciary has “neither FORCE nor WILL, but merely judgment.” 
One of the central arguments Hamilton makes in Federalist Paper #78 is the necessity of an independent judiciary. He argues that judges must be able to operate free from influence by the other branches of government to ensure that they can make impartial decisions based solely on the law and the Constitution. Hamilton writes, “The independence of the judges is equally requisite to guard the Constitution and the rights of individuals from the effects of those ill humors which the arts of designing men, or the influence of particular conjunctures, sometimes disseminate among the people themselves.”
Hamilton also discusses the concept of judicial review, which is the power of the courts to declare legislative acts unconstitutional. He argues that this power is essential to maintaining the supremacy of the Constitution. Hamilton posits that if the legislature were the final arbiter of the constitutionality of its own laws, it could easily overstep its bounds, leading to tyranny. He writes, “A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.”
Furthermore, Hamilton emphasizes the importance of life tenure for judges as a means of ensuring judicial independence. He argues that judges who hold their positions for life, “during good behavior,” are less likely to be swayed by political pressures or popular opinion. This lifetime appointment, Hamilton contends, provides a safeguard against the influence of factions and the potential for the judiciary to become a tool of the other branches.
Hamilton also addresses concerns about the judiciary’s power, assuring that it is inherently limited. He points out that the judiciary lacks the means to enforce its decisions, relying instead on the executive branch to carry out its rulings. This reliance, combined with the judiciary’s lack of control over the purse strings, ensures that it cannot become a threat to the liberties of the people.
In conclusion, Federalist Paper #78 is a foundational text for understanding the role of the judiciary in the American constitutional system. Hamilton argues for the necessity of an independent judiciary with the power of judicial review, life tenure for judges, and a clear separation of powers to protect the Constitution and the rights of individuals.
Key Takeaways:
- The judiciary is the “least dangerous” branch because it has no power to enforce or create laws, only to interpret them.
- Judicial independence is crucial for ensuring impartial decisions based on the law and Constitution.
- Judicial review is necessary to maintain the supremacy of the Constitution and prevent legislative overreach.
- Life tenure for judges protects judicial independence by insulating judges from political pressures and popular opinion.
- The judiciary’s power is inherently limited, relying on the executive to enforce its decisions, ensuring it cannot become tyrannical.