The Federalist No. 78: The Judiciary Department¶
Hamilton, A. (1788). The Federalist No. 78: The Judiciary Department. The Federalist.
Cited by¶
1 citation across 1 artifact.
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Primes¶
- Separation of Powers
- Checks and balances reinforce separation: the executive proposes budgets but cannot spend without legislative appropriation; the legislature enacts statutes but the executive may veto; the courts may void laws deemed unconstitutional, yet lack enforcement machinery independent of the executive—the last of these defended by Hamilton (1788) in Federalist No. 78 as the foundation of judicial review precisely because the judiciary, having "neither force nor will, but merely judgment," depends on the other branches for execution.
This sourceDefends judicial review and the independence of the judiciary on the ground that the courts have "neither force nor will, but merely judgment" and depend on the executive arm for the efficacy of their judgments—the foundational argument for judicial review within a system of separated powers.
- Checks and balances reinforce separation: the executive proposes budgets but cannot spend without legislative appropriation; the legislature enacts statutes but the executive may veto; the courts may void laws deemed unconstitutional, yet lack enforcement machinery independent of the executive—the last of these defended by Hamilton (1788) in Federalist No. 78 as the foundation of judicial review precisely because the judiciary, having "neither force nor will, but merely judgment," depends on the other branches for execution.
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