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The Federalist Papers, as a foundation text of constitutional interpretation, are frequently cited by U.S. jurists, but are not law. Of all the essays, No. 78 is the most cited by the justices of the United States Supreme Court. Federalist No. 78 quotes Montesquieu: "Of the three powers [...], the judiciary is next to nothing." There was little ...
[6] Federalist No. 78, also written by Hamilton, lays the groundwork for the doctrine of judicial review by federal courts of federal legislation or executive acts. Federalist No. 70 presents Hamilton's case for a one-man chief executive. In Federalist No. 39, Madison presents the clearest exposition of what has come to be called "Federalism".
The most extensive discussion of judicial review was in Federalist No. 78, written by Alexander Hamilton, which clearly explained that the federal courts would have the power of judicial review. Hamilton stated that under the Constitution, the federal judiciary would have the power to declare laws unconstitutional.
Federalist No. 44 does not imply that the states have the power to legally nullify federal law, although this would have been an appropriate context in which to mention it if such a power were thought to exist. Federalist No. 78 says that the federal courts have the power "to pronounce legislative acts void, because contrary to the Constitution ...
Though the Constitution does not expressly provide that the federal judiciary has the power of judicial review, many of the Constitution's Framers viewed such a power as an appropriate power for the federal judiciary to possess. In Federalist No. 78, Alexander Hamilton wrote,
Brutus was the pen name of an Anti-Federalist in a series of essays designed to encourage New Yorkers to reject the proposed Constitution. His essays are considered among the best of those written to oppose adoption of the proposed constitution. [1] They paralleled and confronted The Federalist Papers during the ratification fight over the ...
In Federalist No. 78, Alexander Hamilton advocated the doctrine of a written document held as a superior enactment of the people. "A limited constitution can be preserved in practice no other way" than through courts which can declare void any legislation contrary to the Constitution.
In Federalist No. 44, James Madison defends the Supremacy Clause as vital to the functioning of the nation. He noted that state legislatures were invested with all powers not specifically defined in the Constitution, but also said that having the federal government subservient to various state constitutions would be an inversion of the ...