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Chapter week 3

POLB30H3 Chapter Notes - Chapter week 3: Federalist No. 78, Anti-Federalism


Department
Political Science
Course Code
POLB30H3
Professor
Margaret Kohn
Chapter
week 3

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Week 3 Reading: Federalist Number 78
Week 2 concept(s)  Judicial Review
Week 2 case  Marbury v. Madison
Introduction
When the Constitution was first written – many supported it, but many also opposed it
Supporters: Federalists
Included Alexander Hamilton, James Madison, John Jay
Wrote a series of articles; these articles were compiled & published as a book
called The Federalist Papers
Federalist 78 – an essay written by Hamilton; the 78th of articles of the Federalist
Papers
Opposition: Anti-Federalists
Also wrote corresponding opposing articles – Anti-Federalist Papers
These articles dealt with specifically the judicial branch of gov’t
The Federalist No. 78
According to the plan of the convention, all judges who are appointed by the United States are to
stay in office DURING GOOD BEHAVIOR = they cannot be discharged, only impeached (called
into question for their integrity & validity) for misconduct
This is to make sure that there is a steady, upright & impartial administration of the laws
The judiciary (regardless of the nature of its functions) will always be least dangerous to the
political rights of the Constitution because it will be the least capable irritate/disturb or injure
them
The legislature prescribes the rules by which the duties and rights of every citizen are to be
regulated
The judiciary may have neither force nor will, but merely JUDGEMENT
It must depend upon the aid of the executive arm, even for the efficacy of its judgments
This view suggests a few consequences:
a) The judiciary is beyond comparison to the weakest of the three departments of power
b) It can never attack with success either of the other two
c) That the general liberty of the people can never be endangered from that quarter
“There is no liberty if the power of judging be not separated from the legislative &
executive powers”
The complete independence of the courts of justice is essential in a limited Constitution , aka, a
system of government that is bound to certain principles of action by a state constitution &
separates powers)
The courts were designed to be an intermediate body between the people and the
legislature, in order to keep the legislature within the limits assigned to their authority
A constitution is, in fact, and must be regarded by the judges, as a fundamental law
The Constitution shall be preferred to the statute (written laws) & the intention of the people shall
be preferred to the intention of their agents
This doesn’t suppose a superiority of the judicial to the legislative power
It only supposes that the power of the people is superior to both
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