Federalist 78

Explore 4 quotes from Federalist 78

The interpretation of the laws is the proper and peculiar province of the courts.

Alexander Hamilton

Federalist 78

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More information about this quote

Topic

The judiciary Legal theory Political theory

Author

Alexander Hamilton

Source

Federalist 78 The Federalist Papers

Medium

Essay

Genre

Political literature

Language

English

Time

1788 1780s 18th century

Era

American Revolutionary Period

Authentication Score 2

Original Citation

Hamilton, Alexander [published as Publius]. "Federalist No. 78: The Judiciary Department." The Federalist, A Collection of Essays." New York: J. and A. McLean, 1788.

Current Citation

Hamilton, Alexander. "No. 78: Duration in office: good behavior. Why needed.--Hamilton." The Federalist: A Commentary on the Constitution of the United States, edited by Robert Scigliano. The Modern Library, 2001.

A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.

Alexander Hamilton

Federalist 78

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Read Federalist No. 78 at the Library of Congress website

More information about this quote

Topic

US Constitution Legal theory Political theory

Author

Alexander Hamilton

Source

Federalist 78 The Federalist Papers

Medium

Essay

Genre

Political literature

Language

English

Time

1788 1780s 18th century

Era

American Revolutionary Period

Authentication Score 2

Original Citation

Hamilton, Alexander [published as Publius]. "Federalist No. 78: The Judiciary Department." The Federalist, A Collection of Essays." New York: J. and A. McLean, 1788.

Current Citation

Hamilton, Alexander. "No. 78: Duration in office: good behavior. Why needed.--Hamilton." The Federalist: A Commentary on the Constitution of the United States, edited by Robert Scigliano. The Modern Library, 2001.

That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission.

Alexander Hamilton

Federalist 78

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Read Federalist No. 78 at the Library of Congress website

More information about this quote

Topic

Rule of law The judiciary

Author

Alexander Hamilton

Source

Federalist 78 The Federalist Papers

Medium

Essay

Genre

Political literature

Language

English

Time

1788 1780s 18th century

Era

American Revolutionary Period

Authentication Score 2

Original Citation

Hamilton, Alexander [published as Publius]. "Federalist No. 78: The Judiciary Department." The Federalist, A Collection of Essays." New York: J. and A. McLean, 1788.

Current Citation

Hamilton, Alexander. "No. 78: Duration in office: good behavior. Why needed.--Hamilton." The Federalist: A Commentary on the Constitution of the United States, edited by Robert Scigliano. The Modern Library, 2001.

The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment.

Alexander Hamilton

Federalist 78

Buy The Federalist Papers at Amazon Buy The Federalist Papers at Amazon
Read Federalist No. 78 at the Library of Congress website

More information about this quote

Topic

The judiciary

Author

Alexander Hamilton

Source

Federalist 78 The Federalist Papers

Medium

Essay

Genre

Political literature

Language

English

Time

1788 1780s 18th century

Era

American Revolutionary Period

Authentication Score 2

Original Citation

Hamilton, Alexander [published as Publius]. "Federalist No. 78: The Judiciary Department." The Federalist, A Collection of Essays." New York: J. and A. McLean, 1788.

Current Citation

Hamilton, Alexander. "No. 78: Duration in office: good behavior. Why needed.--Hamilton." The Federalist: A Commentary on the Constitution of the United States, edited by Robert Scigliano. The Modern Library, 2001.