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  • Federalist 70

     |  Three Branches of Government

    Federalist 70 Federalist 70 1 Alexander Hamilton To prevent the president from becoming monarchical, Anti-Federalists recommended a plural executive, shorter terms, and a one-term limit. Publius argues for the presidency as structured in the Constitution, and explains the necessity of an energetic executive. March 14, 1788 The Executive Department Further Considered There is an idea, which is not without its advocates, that a vigorous executive is inconsistent with the genius of republican government. The enlightened well-wishers to this species of government must at least hope that the supposition is destitute of foundation; since they can never admit its truth, without at the same time admitting the condemnation of their own principles ...

  • Federalist 73

     |  Three Branches of Government

    Federalist 73 Federalist 73 1 Alexander Hamilton Although all legislation originates in Congress, the executive plays an integral role through the veto power. March 21, 1788 The Provision for the Support of the Executive, and the Veto Power The third ingredient towards constituting the vigor of the executive authority is an adequate provision for its support. It is evident that without proper attention to this article, the separation of the executive from the legislative department would be merely nominal and nugatory. The legislature, with a discretionary power over the salary and emoluments of the Chief Magistrate, could render him as obsequious to their will as they might think proper to make him. They might, in most cases, either reduce ...

  • Brutus XI

     |  Three Branches of Government

    Essay XI Essay XI 1 Brutus Here Brutus criticizes the power granted by the Constitution to an independent judiciary. January 31, 1788 The nature and extent of the judicial power of the United States, proposed to be granted by this constitution, claims our particular attention. Much has been said and written upon the subject of this new system on both sides, but I have not met with any writer, who has discussed the judicial powers with any degree of accuracy. And yet it is obvious, that we can form but very imperfect ideas of the manner in which this government will work, or the effect it will have in changing the internal police and mode of distributing justice at present subsisting in the respective states, without a thorough investigation ...

  • Federalist 78

     |  Three Branches of Government

    Federalist 78 Federalist 78 1 Alexander Hamilton Defending the idea of judicial review—the authority of the courts to declare a law unconstitutional—Publius denies that it leads to judicial supremacy. The courts must never substitute "will" for "judgment," as all branches of government answer to the Constitution. June 14, 1788 The Judiciary Department We proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged as the propriety of the institution in the abstract is not disputed; the only questions which ...

  • Marbury v. Madison

     |  Three Branches of Government

    Marbury v. Madison Marbury v. Madison 1 John Marshall (1755-1835) Thomas Jefferson's election as president is often called the "Revolution of 1800," because it marked the first peaceful transfer of power from one political party to another. Despite its uniquely pacific character, the election's aftermath was marked by partisan rancor. The day before Jefferson took office, President John Adams commissioned fifty-eight Federalist judges. Upon assuming office Jefferson ordered his Secretary of State, James Madison, to withhold their commissions. One of them, William Mar-bury, brought a case that eventually reached the Supreme Court, where Chief Justice Marshall wrote an opinion that established the power of judicial review. 1803 Mr. Chief Justice ...
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