FEDERALIST 78
Question 1
The federal judiciary should be independent to meet its legal requirements in a constitutional government. According to Hamilton, a separate judicial system is capable of protecting the rights and privileges of its people, as outlined in the constitution (Hamilton, 1788). Hamilton adds up by describing that the judiciary must be given the power to deem unconstitutional laws as null and void.
Question 2
According to the convention plan by Hamilton, judges to the federal courts are appointed to hold office based on good behaviour (Hamilton, 1788). Appointment through good behaviour must conform to individuals most approved by state constitutions. However, the plan’s considerations have been put into question due to a wide range of objections which disorder judgments and imaginations. Standards set by good behaviour require the judiciary to issue jurisdictional magistracy on modern improvements in regards to government practices.
Question 3
A federal judge place at the civic bench is permanent in order to protect the judiciary from the other arms of government. Hamilton used Article III, Section 1 in the constitution to outline that the judges should hold office during their good behaviour. Hamilton argued that the constitution would be altered based on the whims of another branch of government (Hamilton, 1788). On the other hand, Hamilton also outlines that justices should be provided with permanency in the US supreme court (Hamilton, 1788). As such, the US supreme court would be in a better position to protect people’s rights as outlined in the constitution.
Question 4
Hamilton stipulates that the judges to the US federal courts ought to be the guardians of the US constitution. The judges should be the guardians because their rulings are meant to protect people’s rights and liberties as guaranteed by the constitution (Hamilton, 1788). Hamilton states that the judges must exercise fair and impartial judgements to resolve conflicts through law.
Question 5
The judicial branch of the government should interpret the law to ensure that their rulings are in accordance with constitutional reviews. The judiciary should interpret the laws to show their directional conduct required to provide constant truth and judgements in law (Hamilton, 1788).
Question 6
Hamilton outlines that federal judiciary is mandated to determine the consistency of laws passed by the legislature. As such, laws passed by the legislature must be consistent with the superior and fundamental laws outlined by the constitution (Hamilton, 1788). Any law contrary to the constitution must, therefore, be declared null and void by the federal judiciary.
Reference
Hamilton, A. (1788). Federalist No. 78: The Judiciary Department. Independent Journal, 14.