Lifetime Appointments for the Court - Federalist #78
In Federalist #78 Alexander Hamilton begins a series of Papers discussing the Supreme Court.
Federalist #78
Alexander Hamilton
June 14, 1788
Federalist #78 begins Alexander Hamilton’s discussion regarding the Supreme Court.
In this Paper, Hamilton specifically outlines why Federal Judges are given lifetime appointments.
Furthermore, he reviews why this is necessary for allowing the courts to carry out their duties appropriately.
Lifetime Appointments
Hamilton’s main point in Federalist #78 is that a lifetime appointment will give Federal Justices the ability to work objectively on behalf of the people.
If they were to seek reelection, they might act in bad faith in an effort to retain the office.
However, with a lifetime appointment, a Judge needs only to review laws to ensure they comply with the Constitution to the best of their ability.
Controlling the Legislature?
The fear of the Anti-Federalists was that lifetime appointments by an independent judiciary would give the courts control over the Legislative Branch.
Among the several arguments against this idea that Hamilton presents, the most important is that the Constitution outright prohibits this type of action.
While the Legislature makes the laws, the Judicial Branch is only set to interpret those laws as they relate to the Constitution. Furthermore, the courts cannot overpower the Legislature because they need the Executive Branch to actually enforce their decisions.
A Life’s Work
Hamilton makes one more very important point in Federalist #78.
He acknowledges that the laws of the Federal Government will quickly become very complicated. Therefore, it will be necessary for a lifetime of study for a person to fit the qualifications needed to serve as a Justice.
Hence, if a person has worked hard enough to become a Judge, they should be trusted to maintain that position so long as they continue with good behavior.
Would you like to learn about the Justice Department?
Well, I’ll be reviewing the rest of the Federalist Papers in the coming weeks so make sure you subscribe to my email list.
Until then, check out the list of previous Papers here:
