The Federalist Papers is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay to promote the ratification of the United States Constitution. Modern day use the Federalist Papers to interpret the Constitution to look at the intentions of the framers and ratifies. This has been used on issues ranging from the power of the federal government in foreign affairs. However, there has been issues regarding the interpretation of the articles. That it is a lot of opinion that comes from the authors. However, there is a lot of truth within the articles.
Essay 80 of the Federalist Paper introduces five principles of federal judiciary authority. This essay was written by Alexander Hamilton. The essay demonstrates the use of the constitution to it. This essay describes the different federal court cases on whether to have jurisdiction over. James Madison who was one of the author states that the Federal judiciary should decide cases base on the relation of federal laws, the U.S. Constitution, the U.S. government as a party in the case, affect the “peace of the
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Hamilton argues that it is necessary for judicial power to be adjacent with legislature to ensure stability in the interpretation of nation laws. Hamilton argues that federal judiciary should include jurisdiction over cases that could lead to war. The reason is because “peace of the whole ought not to be left at the disposal of a part.” The entire country should not be at risk with war as the result of a decision made a state’s court. Hamilton states to the objection of the federal judiciary having authority over issues of equity, loans and financial obligations. He argues that it is likely to have cases to arise and involve other states or foreigners, making it necessary federal
The first chapter of “Law in America” by Lawrence M. Friedman is an introduction to the formation of the law system that we have in the United States today. The opening of the chapter depicts how Freidman starts his lectures, by reading the front few pages of the local newspaper to his very lethargic students who take his early class. At first, this seems odd given that this is not a political science class or media lecture. However, the logic behind this process is that in every “domestic” article in the news there is a connection to the law. Law is intertwined in almost every situation we face during, not only our day to day lives but also the very structure that forms the environment we live in.
In the essay Federal No. 78 deals with the proposed structure of federal courts, their powers and jurisdiction, the method of appointing judges, and related matters. Alexander Hamilton begins in explaining his views on the independence on judge and evaluates the doctrine of the judicial review. Resulting in the Court believing that the Supreme Court violated part of the Constitution, Alexander Hamilton then evaluates the question of whether the Supreme Court should be able to declare acts of Congress null and void. Hamilton focuses on his three main points of the judicial department. First: the mode of appointing judges.
SCOTUS is a far cry from Alexander Hamilton’s claim in The Federalist #78 that the judiciary “will always be the least dangerous to the political rights of the Constitution; because, the judiciary lacked the powers of the purse and of the sword, it had neither force nor will, but merely judgment.
In Federalist No. 78, Alexander Hamilton lays out his vision for the Supreme Court of the United States. In this essay, Hamilton explains that the court should function as a “bulwark against majoritarian excesses,” (O’Brien 181) to protect the rights of the minority, from the tyranny of the majority. Hamilton makes the assurance that the court will use separation of powers as a “check” on Congress in order to protect against popular will (O’Brien 22). To accomplish this, the court had to function as an independent body to “safeguard” against “occasional ill humors in the society,” (O’Brien 349) in the event that popular will was harmful to the minority. Conversely, in his opinion for the Marbury v. Madison case, Chief Justice John Marshall
It isn't an argument; the United States Constitution is a living document. A living document is one that’s continuously interpreted in different ways to benefit society. The stretching of the Elastic Clause gives Congress more power to create new laws that weren’t necessarily discussed in 1787. The installation of the Judicial Review doctrine only a few decades after it was ratified without any additions to the wording is also proof. Finally, the analysis of the separation of power that became Executive Privilege is a third example of the United States Constitution being interpreted in different ways, thus making it a living document.
In the pages to come I will describe what was the goal of the Federalist papers? Challenges of the Constitution and how the federalist papers addressed these challenges. Then I will discuss taxation and why the constitution was the best solution. The American people, "after an unequivocal experience of the inefficacy of the subsisting Federal Government,"(Hamilton, Federalists paper #1) weren’t called on to consider the creation of a new Constitution.
Alexander Hamilton wrote the Federalist Papers which was a persuasive document appealing to the formation of a strong national government. In Federalist #78, Hamilton described his plan for a judicial system set up by the Federal Government that would interpret laws and hold them to the standard of the Constitution. In his essay, he remarked the judicial branch as the weakest of the branches. His reasoning behind this claim was that the judiciary posed the least threatening to individuals rights found in the Constitution. The judges themselves only held the power to interpret laws and strike them down during the legislative process.
James Madison was not just our fourth president of the United States, he was also known as the Father of the Constitution. His contributions to the U.S. Constitution, Federalist Papers, and Bill of Rights makes him renowned as the greatest in history. Madison believed in a balanced federal government where the people and fair officials could run it without any problems nor consequences. Even before he was president, he helped establish the Democratic-Republican Party along with Thomas Jefferson. Born in Virginia in 1751, Madison was the eldest out of his twelve siblings.
Jonah Brenner Federalist Paper 33 Alexander Hamilton begins Federalist Paper 33 by stating the following clauses: The Constitution authorizes the national legislature “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.” Also “the Constitution and the laws of the United States which shall be made in pursuance thereof and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and anything in the constitution or laws of any State to the contrary notwithstanding.” These two clauses have been subject to intense accusations against the
In Federalist No. 78, Alexander Hamilton lays out his vision for how the Supreme Court of the United States should function. In it, he assures that one of the key roles of the Supreme Court will be to check the constitutionality of congressional legislation in order to protect the individual rights of the people. However, in his opinion for the Marbury v. Madison case in 1803, Chief Justice John Marshall interprets the power of judicial review from Article III of the constitution, in a way in which the court becomes a powerful branch of government. With Marshall’s interpretation, the court is able to “strike down” legislation by the command of the people which is embedded in the Constitution (O’Brien 173). Hamilton intended for the court to
The Federalist Papers, essays written on behalf of the ratification of the Constitution, by Alexander Hamilton, James Madison, and John Jay, are testaments to our Founding Fathers’ steadfast belief in a strong, national government; unified against the ills of those wishing to impose their tyrannical beliefs on the nascent country. More specifically, these eighty-five pieces of political brilliance truly shed light on just how divided our country was, with the Federalists believing in a national government, administered by a strong, core Federal system, and the Anti-Federalists, those who were opposed to the federal system, and alternately believed in a strong state system, with no strong, core federal government uniting the states. These Federalist papers were in essence a plea, then, to the people of the
Firstly, he states that the President and Senate have the common power, together, to make appointments, and the decision would only be left to the President if the matter was pertinent. Secondly, Hamilton reinforces that the first point limits the power of the president to fill the empty vacancies of the Senate. The appointments made by the President will expire in the next session of the Senate, keeping the branches, executive and legislative, separate. Thirdly, Hamilton stresses the situation in which the President would appoint someone would only happen in a recess of the Senate, till the end of the next session. Lastly Hamilton states that the power to appoint people in empty spots in the Senate belongs to the Senate, and is only left to the President in situations where the Senate is not meeting and therefore cannot make a permanent
There are are seven articles in the constitution, there are 10 sections in article one, 4 sections in article two, there are 3 sections in article three, 4 sections in article four, one section in article five and six, and 12 states in section seven. Article one talks of how the government, the design of the legislative branches of the US Government. The most important ideas that come from this section are the checks and balances, the elections of Senators and Representatives, how laws are made, and the power that congress is allowed to have that is given to them by the power of the people. The second article of the constitution set up the executive branch of the government, this is the article that sets the responsibility and authority for the administration for the day to day in the states. The third article breaks down the way the Judicial system works.
This week I read the Federalist No. 1 [Alexander Hamilton]. The purpose of the Federalist is to persuade reluctant New Yorkers to adopt the proposed new Constitution. In the Federalist No. 1, Hamilton mainly reveals the motivations and ambitions of a certain class of men who support separate confederacies and introduces the following papers he proposes to defend the Union. Since the Federalist is such popular collection of America, I start this week reading with great curiosity and passion.
This series of 85 essays and articles were written to try to gain support in favor of the Constitution by giving explanations of what the Constitution was and its purpose. Federalist 51, one of the previous stated