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Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. Like all of The Federalist papers, it was published under the pseudonym Publius . Titled " The Judiciary Department ", Federalist No. 78 was published May 28, 1788, and first appeared in a newspaper on June 14 of the same year.
Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property. [91] Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78.
The Federalist Papers is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as The Federalist until the name The Federalist Papers emerged in the ...
What is the proper relationship between the federal government and the states? Although constitutional theory as a discipline has its precursors in The Federalist and Justice Story's Commentaries on the Constitution, modern constitutional theory began with the publication of Alexander Bickel's The Least Dangerous Branch.
In Federalist No. 78, Alexander Hamilton stated that the federal courts are the natural and proper forum for determining such legal issues: "The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law.
Madison, as written in Federalist No. 10, had decided why factions cannot be controlled by pure democracy: . A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual.
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Federalist No. 79 Alexander Hamilton, author of Federalist No. 79 Author Alexander Hamilton Original title The Judiciary Continued Language English Publisher J. & A. McLean The Independent Journal, New York Packet, The Daily Advertiser Publication date May 28, 1788 June 18, 1788 Publication place United States Media type Book, Newspaper Preceded by Federalist No. 78 Followed by Federalist No ...