Primary Source Essentials: Federalist 78
- 2x
- 1.75x
- 1.5x
- 1.25x
- 1x, selected
- 0.75x
- 0.5x
- Chapters
- descriptions off, selected
- captions settings, opens captions settings dialog
- captions off, selected
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
End of dialog window.
This is a modal window. This modal can be closed by pressing the Escape key or activating the close button.
Welcome to "Primary Source Essentials." In this episode, we will briefly discuss Federalist 78. The central question for Federalist 78 is: What is the role of the judiciary in the American Constitutional system?
[upbeat music]
(Describer) Title: "Primary Source Essentials." Logo: BRI
And one of the weaknesses of the Articles of Confederation was the lack of a national judiciary, which affected the principles of the separation of powers and checks and balances. In Federalist Number 78, Alexander Hamilton explains the role of the judiciary in the American constitutional system. In the essay, Hamilton explains that the characteristics of the judicial branch include appointing judges for life to serve during good behavior, because then they would be more impartial and not pressured by the other political branches. This would help establish the independence of the judiciary. Now, the role of the court is to interpret the law in deciding cases. And Hamilton says it is the least dangerous branch because it exercises judgment, not the purse or the sword, nor force or will. Therefore, it is dependent at least to some degree, upon the other branches. Moreover, the court also has a duty to declare that laws were unconstitutional if they conflicted with the fundamental law of the land in a written constitution. This soon came to be known as judicial review, which helps strengthen its relationship with the other branches in the system of checks and balances. Therefore, the court had a role in moderating the temporary passions, mischiefs, and injustices of the other branches. So the answer in Federalist 78 is that the need for an independent judiciary at the national level is indisputable, and that its role in the American constitutional system is to act as a citadel of justice by exercising judicial review of laws when deciding cases. Thanks for watching, and check out our other videos in "Primary Source Essentials." Accessibility provided by the U.S. Department of Education.
(Describer) Accessibility provided by the US Department of Education.
Now Playing As: English with English captions (change)
The video "Primary Source Essentials: Federalist 78" explores the significance of Federalist 78 authored by Alexander Hamilton, a pivotal document that expounds on the judiciary's role within the American constitutional framework. The episode elucidates how Federalist 78 addresses the judiciary's independence through life appointments for judges based on good behavior, ensuring impartiality and mitigating political pressures from other governmental branches. Furthermore, the video delves into the concept of judicial review, a mechanism that allows the judiciary to void laws conflicting with the Constitution, reinforcing checks and balances within the federal system. This educational content is crucial for school-aged children to grasp the foundational principles of the U.S. Constitution and government structure, promoting an understanding of historical documents that shape modern democracy.
Media Details
Runtime: 2 minutes 21 seconds
- Topic: History, Social Science
- Subtopic: Government, Political Science, U.S. Constitution, U.S. History (General)
- Grade/Interest Level: 7 - 12
- Release Year: 2023
- Producer/Distributor: Bill of Rights Institute
- Series: Primary Source Essentials
- Report a Problem
Related Media

Primary Source Essentials: Federalist 10

Primary Source Essentials: Brutus 1

Primary Source Essentials: Federalist 70

Primary Source Essentials: Federalist 78

Primary Source Essentials: Letter From Birmingham Jail

Primary Source Essentials: Declaration of Independence

Primary Source Essentials: Articles of Confederation

Primary Source Essentials: U.S. Constitution

Primary Source Essentials: Declaration of Sentiments

Primary Source Essentials: The Truman Doctrine