A Primarily Appellate Court - Federalist #81
In Federalist #81 Alexander Hamilton outlines the precise powers of the Federal Court system in the Constitution.
Federalist #81
Alexander Hamilton
June 25, 1788
In Federalist #81 Alexander Hamilton attempts to ease the fear that the Supreme Court will overpower the Legislature.
He also discusses the need for lower Federal Courts in the several States.
Unelected
During the ratification process, Anti-Federalists were concerned with the Supreme Court’s ability to interpret the laws made by Congress.
Since Judges were not elected, how could they represent the voice of the people? Shouldn’t it be left up to those who were elected to decide?
Alexander Hamilton didn’t think so.
Hamilton points out in Federalist #81 that if Congress makes the law, they will never decide it is unconstitutional because that would mean they had to admit they were wrong.
The independence of the Justice Department is a crucial part of the equation.
Appellate Court
Hamilton further acknowledges that, with the exception of a few specific instances, the Supreme Court is an appeals court.
Therefore, they do not just get to decide on every law that Congress passes.
Cases with questions regarding the constitutionality of a law would have to be tried several times before it even made it to the Supreme Court.
This further limits the Justice Department’s influence over the Legislature.
Inferior Courts
Hamilton also responds to the argument that there was no need for lower Federal Courts.
Many Anti-Federalists thought that State Courts could handle localized cases.
Hamilton argued that States would have local biases that do not take the entire nation’s feelings into consideration which necessitated Federal Judges.
He also notes the Constitution left the responsibility ‘to ordain and establish’ inferior courts up to Congress itself, which would be completed with the Judiciary Act of 1789.
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:
