Essay 78: The Judiciary Department
- written by Alexander Hamilton
- the independence of the courts is essential
- judicial life tenure of office during good behavior.
- since good judges with the requisite skills are few in number and hard to find, their retention on a permanent basis during good behavior is extremely desirable
- Hamilton says: "No legislative act, therefore, contrary to the Constitution, can be valid." This foreshadows the idea of judicial review (Marbury v. Madison 1803). In Marbury, John Marshall declared it was the province of the Supreme Court to determine if a law is, or is not, constitutional—that is, in conformity with "the supreme law of the land."
- Courts must regard the Constitution as fundamental law and therefore decide the meaning of laws and executive acts
- judicial must be independent and not at the will of popular opinion (a justification for life tenure)
- set ups the appointment as picked by executive and confirmed by Senate