Federalist No. 78, written by Alexander Hamilton, argues that the Judicial branch should be independent and that federal courts have the authority to interpret the Constitution. Hamilton also argues that the judiciary is the least dangerous branch because it has neither the power of the purse nor the power of the sword.

Judicial Independence

Federal judges should be protected from political pressure. Judges receive life tenure during good behavior, meaning they can serve for life. This allows judges to make decisions based on the Constitution rather than political popularity, since judges need independence to protect the Constitution and individual rights.

Judicial Review

Hamilton argues that the Constitution is superior to ordinary laws. If a law conflicts with the Constitution, courts follow the Constitution. This is the foundation of judicial review. For example, if Congress passes a law that violates the Constitution, the courts can declare the law unconstitutional. The courts ensure that laws comply with the Constitution.

Least Dangerous Branch

Hamilton argues that the judiciary is less threatening than the other branches because it has:

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