Briefing: Federalist Papers 81-85
Main Themes: This selection of Federalist Papers, authored by Alexander Hamilton, focuses on defending the structure and powers of the proposed federal judiciary. He addresses key concerns and criticisms regarding the Supreme Court, inferior courts, and the lack of a Bill of Rights.
Important Ideas & Facts:
Federalist No. 81:
Supreme Court's Authority: Hamilton defends the establishment of an independent Supreme Court, arguing that concerns about its supremacy over the legislature are unfounded. He contends that the power to interpret laws according to the Constitution is inherent in any limited constitution, not exclusive to the federal judiciary.
Judicial Review: He acknowledges that the Constitution should be the ultimate legal standard and that laws contradicting it should be overturned, a concept later known as judicial review.
Inferior Courts: Hamilton argues for the necessity of establishing lower federal courts to handle the majority of cases, reserving the Supreme Court for appellate jurisdiction and specific cases involving national interests like disputes involving states.
Appellate Jurisdiction: He defends the Supreme Court's appellate jurisdiction over both law and fact, asserting it does not abolish the right to trial by jury and can be regulated by Congress.
Key Quote: "In the first place, there is not a syllable in the plan under consideration which DIRECTLY empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State."
Federalist No. 82:
Concurrent Jurisdiction: Hamilton explains that state courts will retain jurisdiction over cases unless explicitly granted to the federal judiciary, establishing the concept of concurrent jurisdiction.
Appeals from State Courts: He argues for the Supreme Court's appellate jurisdiction over state court decisions in federal matters, ensuring uniformity and preventing the undermining of national laws.
Key Quote: "The evident aim of the plan of the convention is, that all the causes of the specified classes shall, for weighty public reasons, receive their original or final determination in the courts of the Union."
Federalist No. 83:
Trial by Jury in Civil Cases: Hamilton addresses concerns about the lack of explicit constitutional guarantee for trial by jury in civil cases. He argues that the Constitution's silence on this matter does not imply its abolition, and that legislative discretion in this area is appropriate.
Diversity of Jury Practices: He highlights the variations in jury practices across states, concluding that a uniform federal rule would be impractical and potentially detrimental.
Value of Jury Trials: While acknowledging the value of jury trials in many cases, he argues that they are not universally suitable, particularly in complex matters involving international law or equity.
Key Quote: "Every man of discernment must at once perceive the wide difference between SILENCE and ABOLITION."
Federalist No. 84:
Bill of Rights: Hamilton tackles the significant objection to the absence of a Bill of Rights. He contends that the Constitution itself functions as a bill of rights, as it lays out specific individual protections and limits on government power.
Danger of Enumerated Rights: He argues that enumerating specific rights could be dangerous, as it might be interpreted as implying that unenumerated rights are not protected.
Public Opinion as Safeguard: Hamilton places significant faith in public opinion and the spirit of the people as safeguards against tyranny.
Key Quote: "The truth is, after all the declamations we have heard, that the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS."
Federalist No. 85:
Constitution's Resemblance to New York: Hamilton emphasizes that the proposed Constitution shares similarities with New York's state constitution, including aspects criticized by opponents. This highlights the inconsistency of such criticisms.
Securities to Liberty & Property: He outlines the various ways the proposed government will enhance security for republican government, liberty, and property. This includes preventing local factions, foreign intrigue, military despotism, and economic instability.
Imperfection vs. Progress: Hamilton argues against delaying ratification for the sake of achieving a perfect plan, emphasizing the practicality of the proposed Constitution and the ease of amending it after ratification.
Key Quote: "I never expect to see a perfect work from imperfect man."
Overall Significance:
These Federalist Papers offer valuable insight into the framers' intentions regarding the federal judiciary. They emphasize the importance of a strong and independent judiciary for protecting individual rights, ensuring the rule of law, and safeguarding the Union against internal and external threats. Hamilton's arguments, particularly regarding the Bill of Rights, continue to be relevant in contemporary debates about constitutional interpretation and the balance of power in American government.
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