Federalist Paper #78

According to Hamilton, how long is the term of office for Federal Judges?

• 2 years

• 4 years

• 6 years

• For Life

What court case established Judicial Review?

• McCulloch vs. Maryland

• Plessy vs. Ferguson

• Marbury vs. Madison

• Hamilton vs. Jefferson

What is Judicial Review?

• The courts have the ability to do a retrial on a court case.

• Judges have a review system for some court cases.

• The Congress reviews the court cases of the Judicial Branch to check and see if they followed the letter of the law.

• The courts can review laws and declare them unconstitutional.

What is the highest court in the United States?

• The Circuit Courts

• The District Courts

• The Supreme Court

"The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the Judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statue, the intention of the people to the intention of their agents." In the passage above, what does Hamilton say about the role and power of the courts?

• The Judicial branch has the power to interpret laws.

• The Courts has the higher authority to override the law if there is a dispute between the law and the Constitution.

• The Judges must consider the Constitution the most fundamental law or primary rule.

• All the above

"The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex-post-facto laws and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void Without this, all the reservations of particular rights or privileges would amount to nothing." According to Hamilton, why is the independence of the courts vital to a limited Constitution?

Answer explanation

Hamilton said that the limitations placed in the Constitution would mean nothing if you didn't have a Judiciary Branch to enforce them.

The Judiciary Branch is independent.

• The Federal courts do not rely on the people to get elected.

• The Supreme Court Justices rely on the Executive branch and the Legislative Branch to appoint and approve Judges on the Supreme Court.

• The Justices serve for life term on the Supreme Court.

• All the above

• None of the above

What does the Federal Court have the power to review?

• Congressional laws

• State Actions

• Federal Bureaucratic agencies and Presidential Actions

• All the above

• None of the Above