Advertisement
Ardente

Untitled

Nov 23rd, 2020
202
0
Never
Not a member of Pastebin yet? Sign Up, it unlocks many cool features!
text 2.15 KB | None | 0 0
  1. As an example, the Federalists believed that the Supreme Court handling cases regarding federal law is “an authority in the federal courts to overrule such as might be in manifest contravention of the articles of Union,” which, while not entirely clear seems to imply that such a power is a necessary evil for protecting the Constitution. This necessary evil theory is backed up by the following statement, “There is no third course that I can imagine. The latter appears to have been thought by the convention preferable to the former, and, I presume, will be most agreeable to the States,” which seems to reflect the compromise taking place. Moreover, the Federalists not only believe that the Supreme Court should be the ultimate interpreter of the Constitution and federal law, but that they have to be for the sake of the government. For an example of this, Hamilton writes in Federalist No. 80, “Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra in government, from which nothing but contradiction and confusion can proceed,” which heavily implies that leaving the Constitution’s meaning in the hands of all the states is a recipe for disaster. Surprisingly, this entire premise would act as the foundation for the future power of the Supreme Court known as Judicial Review.
  2. Looking back to Federalist No. 80, Hamilton believed that “Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra in government, from which nothing but contradiction and confusion can proceed.” While not necessarily calling for the Supreme Court to be able to declare certain laws unconstitutional, it does establish that a supreme court of sorts is necessary to establish an organized form of government; otherwise, disputes would be spread out over 13 state courts all with their own beliefs and systems of laws. It is this idea of separation and distribution of powers that laid the foundation for Judicial Review. Of course, there were many other factors involved, as with many other parts of the Federalist defense of the Judiciary, but this was just one of the main factors.
  3.  
Advertisement
Add Comment
Please, Sign In to add comment
Advertisement