The Responsibilities of the Supreme Court - Federalist #80

The Responsibilities of the Supreme Court - Federalist #80

In Federalist #80 Alexander Hamilton validates the powers granted to the Supreme Court.

Federalist #80

Alexander Hamilton

June 21, 1788

In Federalist #80, Alexander Hamilton continues his discussion regarding the Supreme Court.

Specifically, he lists the powers of the Court and gives justification for these powers.

As such, this article will read more like a list than an essay in order to summarize everything neatly.

Federal Laws

Hamilton believed that Federal Courts are the only ones who could determine the legality of Federal Laws.

Giving control to local or State Courts would undermine the Federal Government.

Constitutional Cases

Disputes regarding the Constitution itself were another issue which Hamilton believed should be decided by the Supreme Court.

Echoing the first point, no other Courts could effectively rule about the Federal Government without destroying it. 

The Government as a Defendant

Much like the first two situations, if the Federal Government was a party in a case it would undermine that Government if one of the States were to take charge.

Many Anti-Federalists argued this, reasoning that one party cannot rule on itself, but Hamilton points out that if a lesser Court were to take charge it would undermine the National Government.

The Peace of the Confederacy

Hamilton then turns to cases that would affect foreign relations of the United States.

He points out that any proceeding that could lead to war must be decided by the Federal Government. 

Allowing one State to make a decision that drags all the other States to the battlefield is inherently unfair.

Maritime Law

For cases regarding crimes on the high seas Hamilton says very little.

He notes how obvious it is that the ‘laws of nations’ are complicated and frequently involve foreigners.

Therefore, the ‘Peace of the Confederacy’ explanation still applies.

Would you like to learn about the Justice Department?

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Until then, check out the list of previous Papers here:

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