Alexander Hamilton
on Judicial Review
Authors of the Federalist Essays:
James Madison
Alexander Hamilton
Their Purpose:
To convince New York to
ratify the Constitution.
John Jay
Anti-Federalist arguments:
1) No Bill of Rights.
Federalist response:
You’re right, we’ll add one!
2) Central government will be too powerful.
Federalist #78 response:
Supreme Court will keep other
branches in check with judicial review.
“The executive not only dispenses the
honors…”
Meaning: The pres. enforces the laws.
He also “holds the sword of the
community.”
Meaning: He’s also Commander-in-Chief.
The legislature “prescribes the rules” by
which lives of citizens are regulated.
Meaning: Congress makes the laws.
They also “command the purse.”
Meaning: Congress also has the power to tax.
“The judiciary has neither FORCE NOR
WILL, but merely judgment…”
Conclusion: The courts need more power!
“…no ex post facto laws and the like.”
Conclusion: The Constitution is meaningless
without Judicial Review.
“…permanent tenure of judicial officers…”
Conclusion: Judges need unlimited terms.
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