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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.
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 ...
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.
The Federalist, No. 78 (which deals with judicial powers, including the power of judicial review) has found its way most often into written opinions of the justices. The Federalist, No. 42 (which focuses on non-military congressional powers, including the power to regulate interstate commerce) is the second most cited. [1]
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 ...
The Constitution had established the basic layout of the federal government, but much of the structure of the government was established during the Federalist Era. The Constitution empowers the president to appoint the heads of the federal executive departments with the advice and consent of the Senate.
Federalist No. 47 is the forty-seventh paper from The Federalist Papers. It was first published by The New York Packet on January 30, 1788, under the pseudonym Publius , the name under which all The Federalist Papers were published, but its actual author was James Madison .
Federalist No. 80, the "Powers of the Judiciary", published on June 21, 1788, explains the powers and limitations of the judicial branch of the United States government. Alexander Hamilton offers five specific principles or situations in which the judiciary should have jurisdiction to overrule state laws and explains why the federal court ...