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Number Federalist (78) - Federalist, Number 78

Law Library - American Law and Legal InformationHistorical Legal Documents and Landmark Speeches

Alexander Hamilton, 1788

The Federalist Papers were published by ALEXANDER HAMILTON, JAMES MADISON, and JOHN JAY to help convince the citizens of New York that ratification of the U.S. Constitution was justified. The essays not only discuss many of the Constitution's provisions but also elaborate on the authors' own vision of the proper role of a national government.

In Federalist, no. 78, Hamilton discussed the role of the judiciary. He defended the concept of judicial review, which was generally regarded as neither legitimate nor desirable by most political leaders. Hamilton also defended the independence of the judiciary and the need for judicial discretion.

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