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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 ...
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.
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 ...
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.
While the Federalist movement of the 1780s and the Federalist Party were distinct entities, they were related in more than just a common name. The Jeffersonian or Democratic-Republican Party , the opposition to the Federalist Party, emphasized the fear that a strong national government was a threat to the liberties of the people.
Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, states, cantons, territories, etc.), while dividing the powers of governing between the two levels of governments.
In Federalist No. 78, Hamilton argued that "permanence in office," as enshrined in lifelong appointments, was the most important guarantee of the independence of the judiciary. In No. 79 he states that the other main guarantee of that independence is the provision in the proposed Constitution of the United States for the financial independence ...
Direct taxation by the federal government was widely unpopular, and the government's revenue under Washington had mostly come from excise taxes and tariffs. Though Washington had maintained a balanced budget with the help of a growing economy, increased military expenditures threatened to cause major budget deficits, and Hamilton, Wolcott, and ...