Hamilton's Bold Blueprint: How Federalist No. 78 Shaped American Justice
Feb 23, 2024 Β· 2 mins read
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Picture this: 1788, quills are the keyboards, and Alexander Hamilton drops Federalist No. 78, a defense of judicial power that still echoes in courtrooms today. Let's unpack this old-school essay that came to shape modern justice...
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Hamilton was the judiciary's hype man. He argued for life tenure for judges, ensuring they're free from political pressures. Imagine a job where you can't be fired for unpopular decisions. That's a judge's reality, thanks to Hamilton's foresight.
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No. 78 is the judicial branch's shield. Hamilton called it the "least dangerous" branch, with no influence over sword (military) or purse (money). Judges wield only judgment, making them the guardians of the Constitution, not power players.
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Think of laws as the rules of society's game. Hamilton said judges are the impartial referees, interpreting rules, not making them. Their job is to call fouls when laws clash with the Constitution, keeping the game fair for everyone.
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Hamilton was all about protecting rights. He saw the judiciary as a barrier against tyranny, defending us from laws that could trample our freedoms. It's like having a legal superhero squad with the Constitution as their shield.
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He introduced "judicial review" before it was a thing. No. 78 hinted at courts' power to nix unconstitutional laws, a power flexed in 1803's Marbury v. Madison. It's like having an "undo" button for legislation.
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Hamilton knew the judiciary wouldn't be everyone's darling. With life tenure, judges could make unpopular calls for justice's sake. They're the friends who tell you hard truths, not just what you want to hear.
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Federalist No. 78 was a promise that the judiciary would keep it real. Hamilton argued for a court system that serves as the Constitution's faithful companion, not a political puppet.
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This essay isn't just old talk. It's the blueprint for a judiciary that's kept its cool for over 200 years, balancing the scales while the political winds shift around it. Consider it the OG of legal think pieces.
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So next time you see a court decision pop up in your feed, remember Hamilton's No. 78. It's the reason judges can drop the gavel on laws without looking over their shoulders. In the courtroom drama of America, they're the main character.
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