Author
Who Wrote The Federalist 78?
Who is Alexander Hamilton, John Jay, and James Madison
What branch does Article III establish?
What is the judicial branch?
What is judicial review?
What is the power of courts to determine whether laws violate the Constitution
How long should federal judges serve, under Hamilton’s plan?
What is for their entire life.
Which branch does Hamilton call the "least dangerous"?
The judicial branch
What was Hamilton trying to defend?
What is the federal judiciary and constitution.
What is the main job of the judiciary?
What is To interpret laws and resolve legal disputes
What should courts do if a law conflicts with the Constitution?
What is follow the Constitution instead of the conflicting law
Why does Hamilton support life tenure?
What is because it protects judges from political pressure and gives them job security.
Why does the judiciary have less power than Congress?
It does not control public spending or make laws
What branch of government does Hamilton discuss?
What is the Judicial Branch
Why should the judiciary be independent?
What is So judges can make fair decisions without political pressure
Why is the Constitution superior to ordinary laws?
What is because it represents the higher law established by the people
What could happen if judges had short terms?
What is they could make decisions to gain reelection or please politicians
Why does the judiciary have less power than the executive?
It does not command the military or enforce laws
Why was Federalist No. 78 written?
What is to explain and defend the role and independence of the federal courts
How does judicial independence protect the Constitution?
What is it allows judges to defend constitutional rights and limits
What do judges do when interpreting the Constitution in a case?
What is Applying the Constitution to decide the case
How does life tenure help judges remain independent?
What is they do not have to worry about losing their positions for unpopular decisions
What does "neither force nor will" mean?
The judiciary has neither control of the military nor independent power to make and enforce policy.
What larger issue was Hamilton responding to?
What is Concerns and objections about the proposed Constitution
Why must courts reject unconstitutional laws?
What is because the Constitution is superior to ordinary laws?
Why does judicial review not make judges superior to Congress?
What is Judges are bound by the Constitution, which is superior to both branches
9What does “permanent tenure” mean?
What is Judges can remain in office during good behavior rather than serving fixed short terms
Why does Hamilton believe the judiciary is unlikely to threaten liberty?
It lacks direct control over the government's money and military power.