The Federalist essays 79 through 82 were each written by Alexander Hamilton. They are an extended discussion of the role of the federal judiciary under the Constitution. In number 79, Hamilton addresses a few key concerns. He observes that the justices will be guaranteed a salary from the federal government, so they will not be beholden to any one party in their decision-making. He also points out that they are liable to be impeached if their behavior violates the law. He further explains that since they are appointed for life, it guarantees that they will be experienced, which does justice to the kinds of people who agree to serve their country as judges.
Number 80 has to do with the jurisdiction of the federal judiciary, and in it Hamilton explains why the federal courts are given jurisdiction in cases involving treaties, maritime cases, cases involving the federal government, cases between states, and others. In this essay, Hamilton anticipates how important the federal courts will be. In the next essay, he argues for the propriety of creating "inferior courts" in addition to the Supreme Court, which was the only court explicitly created by the Constitution. He discusses, in light of the arguments of the previous essay, the reasons why federal courts should be established in districts encompassing each of the states. This is in response to the fears voiced by many Anti-Federalists that the federal courts would make the state courts obsolete.
Essay number 82 addresses several issues, but the most important is establishing when concurrent, or shared jurisdiction, would exist between the states and the federal courts. He imagines scenarios in which cases might be appealed from the state courts to the federal courts, and makes clear that the question of whether federal courts would have original or only appellate (on appeal) jurisdiction was still undecided at the Constitution Convention.
https://www.congress.gov/resources/display/content/The+Federalist+Papers
Sunday, December 22, 2013
Please discuss and summarize the arguments within The Federalist Papers (79-82).
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