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Critics of the Constitution claimed that judicial review gave the judiciary power superior to that of the legislative branch. 78, by arguing that both branches are inferior to the power of the people and that the judiciary's role is to ensure that the legislature remains a "servant" of the Constitution and the people who created it, not a "master": There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. Whether or not the courts have demonstrated "judicial activism" by striking down legislation, Hamilton was correct in foreseeing that the U. Supreme Court and lower courts would protect the rights defined by the people in their Constitution. Hamilton conceived the idea for the book and enlisted the aid of Madison and Jay.
Few people, he believed, will have the knowledge and the integrity to judge the law, and those deemed adequate to the office must be retained rather than replaced. Reprint, New York: New American Library of World Literature, 1961. (essays by Alexander Hamilton, james Madison, and john jay written to persuade voters to ratify the new constitution) that the dangers of too much democracy were ever present in the minds of those who crafted and fought for the adoption of a constitution calculated to provide a safer structure for the protection and preservation of private property., foreign policy, the political economy of Hamilton's favored vision of a meritocratic "natural aristocracy," and differences between Hamilton and Thomas Jefferson over issues of revolution and slavery.
The judiciary must also be independent, according to Hamilton, so that it may fulfill its main purpose in a constitutional government: the protection of the "particular rights or privileges" of the people as set forth by the Constitution. To protect those rights, he proclaimed, the judiciary must be given the power of Judicial Review to declare as null and void laws that it deems unconstitutional. The courts had embraced judicial review by the twentieth century, leading some critics to maintain that the overly active use of judicial review had given the courts too much power. Hamilton, a New Yorker who served as treasury secretary under President George Washington from 1789 to 1795, was the principal architect of The Federalist Papers.
There were 85 essays written by Alexander Hamilton, John Jay, and James Madison.
These essays were written under the pseudonym Publius. Of theses essays, most of them were published in 17.
The essays explained and described about the adoption of the U.
The Federalist Papers were a series of eighty-five essays urging the citizens of New York to ratify the new United States Constitution.
However, computer analysis and historical evidence has led nearly all historians to assign authorship in the following manner: Hamilton wrote numbers 1, 6–9, 11–13, 15–17, 21–36, 59–61, and 65–85; Madison, numbers 10, 14, 18–20, 37–58, and 62–63; and Jay, numbers 2–5 and 64.
The authors of the Federalist papers presented a masterly defense of the new federal system and of the major departments in the proposed central government.
shall hold their Offices during good Behaviour." By making the tenure of federal judges permanent and not temporary, Hamilton argued, the Constitution ensures that judges will not be changed according to the interests or whims of another branch of government. 2000."The Federalist Papers and Legal Interpretation." South Dakota Law Review 45 (summer): 307–33.
According to Hamilton, permanent tenure also recognizes the complexity of the law in a free society. "The Law of Nations in 'The Federalist Papers'." Journal of Legal History 23 (August): 107–28. Constitution of the United States; "Federalist Papers" (Appendix, Primary Document).