Federalist No. 78 (Hamilton)
Calls the judiciary the 'least dangerous' branch because it has 'neither force nor will, but merely judgment.'
Read in Books4Free →The Judiciary and Judicial Review
From The Federalist Papers by Hamilton, Madison, Jay
Hamilton defends an independent judiciary with life tenure as the 'least dangerous branch' and famously articulates the doctrine of judicial review of legislation against the Constitution.
Federalist No. 78
Foundational statement of judicial review: when a legislative act conflicts with the Constitution, 'the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.'
Read in Books4Free →Federalist No. 78
Defends life tenure during good behavior as essential to judicial independence and the 'steady, upright, and impartial administration of the laws.'
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