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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.
[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.
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. 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.
Washington's Proclamation of Neutrality, issued on April 22, 1793, prohibiting citizens to "take part in any hostilities in the seas on behalf of or against any of the belligerent powers" [2] had effectively disregarded the 1778 Treaty of Alliance between the United States and France, sparking criticism from Jeffersonian Republicans on the grounds that it violated the separation of powers. [3]
A majority of respondents declared Hillary Clinton the winner of the first two debates, but the second one took a decidedly different turn. Flash poll: Donald Trump won the final presidential ...
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 ...