Federalist No. 78

Written By Jonathan Milner

Definition

The Federalist Papers were a series of eighty-five essays urging the citizens of New York to ratify the new United States Constitution. Written by Alexander Hamilton, James Madison, and John Jay, the essays originally appeared anonymously in New York newspapers in 1787 and 1788 under the pen name "Publius." Federalist No. 78 explains the need for an independent judiciary, saying that the federal courts "were designed to be an intermediate body between the people and their legislature" in order to ensure that the people's representatives acted only within the authority given to Congress under the Constitution. On May 28, 1788, Alexander Hamilton published Federalist 78—titled “The Judicial Department.”  In this famous Federalist Paper essay, Hamilton offered, perhaps, the most powerful defense of judicial review in the American constitutional canon.

Example

 
 

Questions

  1. Who was the author of Federalist No. 78?

  2. What branch of government is Federalist No. 78 chiefly concerned with?

  3. What is the main thing the author promotes in Federalist No. 78?

  4. Think of an example of the ideas from Federalist No. 78 in current events:

  5. Find an image of Federalist No. 78 or find an emoji that represents its main idea:

  6. Why did the author(s) (Publius) write the federalist papers?

  7. Did the US have an independent judiciary under the Articles of Confederation?

  8. If the Federalist papers had NOT been written and the Constitution had not been ratified, how different would our country be today?

  9. If you had to rank all the 9 foundational documents from most to least important, where would you rank Federalist No. 78?

  10. What is the main point of the following quotation from Federalist No. 78? “Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power.  It only supposed that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former.  They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental."”

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw Federalist No. 78. Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

Further Review

Foundational Documents Pack with Completed Rubrics Updated for 2024
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Foundational Documents Pack with Completed Rubrics Updated for 2024
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The resource includes a comprehensive range of materials such as lessons, backgrounders, activities, graphic organizers, and completed rubrics tailored specifically for each of the nine required foundational documents. This collection has been updated for the year 2024, featuring new graphic organizers to enhance the learning experience and support educators in their teaching efforts.

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Glossary

Jonathan Milner

Civics Maven!

https://www.gopopro.com/
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