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Federalist No. 78
Themes
Key
LitCharts assigns a color and icon to each theme in The Federalist Papers, which you can use to track the themes throughout the work.
The Importance of the Constitution
The Necessity of a Strong Union
Leadership and Representation
Checks and Balances
Federal Power vs. States Rights
Summary
Analysis
Alexander Hamilton continues discussing the judiciary, focusing on the compensation and accountability of judges. He argues that judicial salaries must be protected from political influence, meaning they should not be reduced once a judge is in office. If Congress had the power to lower judicial pay, it could use it as a tool to pressure judges into making politically favorable rulings. By guaranteeing stable salaries, the Constitution ensures judicial independence. This, in turn, allows judges to rule fairly without fear of financial retaliation.
Hamilton’s insistence on secure judicial salaries highlights his broader concern with shielding judges from indirect political pressure. Even if lifetime tenure protects judges from the threat of removal, the potential manipulation of their income poses a subtler form of coercion. By guaranteeing fixed compensation, Hamilton ensures that the judiciary remains insulated not only from overt interference but also from financial leverage that could influence rulings.
Themes
At the same time, Hamilton addresses concerns about judges abusing their lifetime appointments. While judges cannot be removed for political reasons, they can be impeached for misconduct, ensuring that they remain accountable. He dismisses fears that lifetime tenure will result in unfit judges staying in office indefinitely, arguing that most individuals who reach such positions are well-qualified and will serve honorably. He states that these protections maintain an impartial judiciary that serves the Constitution rather than political interests.
The impeachment process serves as a final safeguard, allowing for the removal of corrupt or unfit judges while preserving the core principle of judicial independence. This balance illustrates Hamilton’s broader commitment to building systems that can self-correct without destabilizing. It’s a rejection of both unchecked judicial power and constant political meddling, positioning the judiciary as a stable but accountable pillar within the broader constitutional framework.
Themes
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