Federalist No. 78 Main Takeaways

Question 1

Why does Hamilton argue for Judge to have a lifetime tenure, with good behavior?

Answer 1

It’s important for there to be an independent judiciary (life tenure frees judges from political pressure). Moreover, the education and knowledge of precendents necessary means judges should serve for considerable lengths of time. It prevents tyrannical/oppressive action.

Question 2

Which clause is mentioned in Federalist no. 78?

Answer 2

The Supremacy Clause. When there is issue between state or branch action and the Constitution, the Constitution comes out on top because it is the Supreme Law of the Land.

Question 3

What is Judicial review?

Answer 3

When the actions of the legislative or executive branch come into question for their consitutionality, the Judiciary can look them over. If they see fit, they can null and void those actions/laws.

Question 4

Why is the Judiciary branch the least dangerous?

Answer 4

They can only make decisions and cannot enforce their own rilings. They must rely on the executive branch and state governments to do that.