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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.
Alexander Hamilton, wrote in Federalist No. 78 that, "There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." [17]
The Contract Disputes Act of 1978 ("CDA", Pub. L. 95–563, 92 Stat. 2383), which became effective on March 1, 1979, establishes the procedures for handling "claims" relating to United States Federal Government contracts. It is codified, as amended, at 41 U.S.C. §§ 7101–7109.
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.
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 ...
Clause 2 of Section 2 provides that the Supreme Court has original jurisdiction in cases affecting ambassadors, ministers and consuls, and also in those controversies which are subject to federal judicial power because at least one state is a party; the Court has held that the latter requirement is met if the United States has a controversy ...
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G.L. Christian and Associates attempted to assign the entire contract to Zachry and Centex, two "highly competent construction companies with extensive experience in large scale-enterprises" but the Department of the Army took the position that a housing contract under the Capehart Act could not be assigned to another company. At a later ...