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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 ...
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.
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.
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 ...
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 .
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]
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 ...