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Hamilton was trying to downplay the Anti-Federalists fears of a too-powerful Supreme Court. The main points are that the Judicial Branch would be the least powerful branch because it has no powers over the budget and policy, nor any enforcement powers--those being delegated to the Legislature and Executive respectively. Additionally, that a judiciary with life terms is necessary for the independence of that branch from the others. And lastly, though it is not in the Constitution, he spells out the assumption that the Court would have the power of Judicial Review--the only protection for maintaining a limiting Constitution is the ability to nullify the actions of the other branches when they exceed their mandates.

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14y ago
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12y ago

The Federalist Paper # 78, in a nutshell, is on the independence of judges and judicial review. It addressses three points: First the mode of appointing judges; second the tenure of a judge should be based on 'good behavior' while holding the position; and thirdly, the separation of the judiciary authority between different courts, and their relationship to each other. {It was written by Alexander Hamilton and appeared May 28, 1788.}

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13y ago

It is to talk about how faction cant be taken care of by the help of a a small government but needs a big one.

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10y ago

To bang each other in the @$$

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Q: What is federalist paper no 78 about?
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