Government and politics concepts · AP U.S. Government and Politics, AP U.S. History
Federalist No. 78
Federalist No. 78: Alexander Hamilton's essay defending an independent federal judiciary with life tenure and the power of judicial review.
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What it means
Hamilton called the judiciary the 'least dangerous' branch because it controls neither the sword nor the purse and has only judgment. He argued that life tenure during good behavior keeps judges independent, and that courts must declare void any law that conflicts with the Constitution.
The essay is the foundational argument for judicial review, which the Supreme Court later asserted in Marbury v. Madison.
Example
Hamilton's reasoning supports the idea that a judge with life tenure can rule against a popular law without fearing removal at the next election.
On the exam
Federalist No. 78 is a required foundational document and frequent evidence in argument essays about the courts.
Lessons and practice questions
Related terms
- Judicial reviewThe power of courts to declare laws or government actions unconstitutional.
- Marbury v. Madison (1803)The Supreme Court case that established the power of judicial review over acts of Congress.
- Stare decisisThe principle that courts should follow precedent, deciding similar cases in the same way as earlier decisions.