Federalist #78 | Marbury v. Madison

Question 1

What is judicial review?

Answer 1

The power of the courts to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the consitution.

Question 2

Is judicial review mentioned in the Constitution? How did it develop?

Answer 2

Judicial review is not specifically mentioned in the Constitution but it was recognized by the Supreme Court in the Marbury v. Madison debate.

Question 3

What is the logical argument for judicial review’s existence? (Federalist #78 and Marbury v. Madison)

Answer 3

Federalist 78: The judicial branch is inherently weak because of its inability to control either the money or the military of the country
Marbury v. Madison: strengthened the federal judiciary through establishing the power of judicial review through which the federal courts could declare legislation.

Question 4

What were Brutus’s concerns about the Court under the new Constitution?
Why did he think it would lead to tyranny?

Answer 4

Brutus was concerned that the new Constitution’s judicial branch would lead to tyranny due to its consolidated power, the lack of accountability for judicial decisions, and the potential for federal courts to override state courts.

Question 5

Why did Hamilton argue in Federalist #78 that the Court would be the weakest branch? What were his arguments?

Answer 5

Hamilton said that the judiciary would be the weakest branch of government because it lacked the force of the executive and the will of the legislature.

Question 6

Why are judges given life tenure and not elected?

Answer 6

It ensures judicial independence

Question 7

What did the football cartoon suggest about Hamilton’s arguments?

Answer 7

Emphasized the weakness of the court (judicial branch)