1. Purpose of the Paper
- To explain and defend the structure and role of the federal judiciary under the proposed U.S. Constitution.
- To justify the need for judicial independence and life tenure for judges.
2. The Judiciary as the Weakest Branch
- The judiciary “has no influence over either the sword or the purse.”
- It controls neither force nor money, only judgment.
- Therefore, it is the least dangerous to political rights.
- Its independence ensures that it cannot threaten liberty as the executive or legislative branches might.
3. The Importance of Judicial Independence
- Judges must be independent to protect the Constitution and individual rights from legislative encroachments.
- Life tenure (during good behavior) encourages this independence by insulating judges from political pressure.
- A stable judiciary promotes consistency and impartiality in interpreting laws.
4. Role of the Courts: Guardians of the Constitution
- Courts are the interpreters of the law, including the Constitution, which represents the supreme law of the land.
- When a law passed by Congress conflicts with the Constitution, the Constitution must prevail.
- Thus, judges have the duty to invalidate unconstitutional laws—an early defense of judicial review.
5. Judicial Review and Popular Sovereignty
- Judicial review does not make judges superior to the legislature—it makes the Constitution superior to both.
- The people are sovereign, and the Constitution is their direct expression.
- Courts act as instruments to enforce the will of the people against potential abuses by their representatives.
6. Qualifications for Judges
- Judicial competence and integrity are essential.
- Life tenure attracts individuals with the necessary knowledge and moral character, who might otherwise avoid short-term or politically influenced positions.
7. Overall Conclusion
- The judiciary must be independent, permanent, and empowered to uphold the Constitution.
- Judicial review is essential to maintaining the rule of law and the balance of power among branches.
In summary: Federalist No. 78 argues that an independent judiciary, with life tenure and the power of judicial review, is vital to protect the Constitution and individual rights from legislative or executive overreach.
