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Alexander Hamilton
One of the major issues to confront the Founding Fathers was justifying the establishment of the Federal
judiciary. Americans had already come to expect that the courts and justice system should be honest and
impartial, and they objected to anything that might make the courts favor any particular group. Many citizens
saw the state courts as better protectors of their rights and property than any form of national court
system, which many feared could become as threatening and arbitrary as the British system of "the
King’s" justice. During the 1780s wealthy property owners found the more "democratic" state
courts wanting because they overturned legal debts and prevented foreclosures. This group of Americans
hoped that a stronger Federal court system could protect their interests from the people, the state courts,
and state legislatures that overturned court rulings or removed unpopular judges. The debate extended
into the Constitutional Convention. Should the Federal court system be dominant? James Madison originally
planned for this—that Federal courts would regularly overturn and be superior to state courts. Such power
brought objections from many at the convention, some of whom believed the national government did not
need courts at all, but could turn disputes over to the states.
Alexander Hamilton had his work in front of him when he wrote Federalist Paper No. 78. His challenge
was to demonstrate the need for federal courts and show that judges would not become petty tyrants.
No government judges would seize property or act improperly; nor would the rabble of common people be
allowed to influence the selection of judges and thus control the Federal judiciary through their passions.
To avoid threats to property and wealth, the courts would not be democratic. Hamilton explained that by
using the procedure described in the Constitution, only "the best" people would become federal
judges. Because of their tenure judges would be insulated from pressure, whether emanating from Congress,
the president, or the common people. The courts would never become tyrannical because they are the weakest
part of the new government. For Hamilton, all these reasons justified the creation of Federal courts and
ratification of the Constitution. As you read Hamilton’s tightly written essay, consider what he meant
by good behavior of judges, what guidelines he believed they would follow, and why the judiciary is the
weakest of the three branches. Do you agree with his analysis of how the Federal judiciary would work?
Was he correct?
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