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Federalist No. 81
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
Hamilton continues discussing the relationship between state and federal courts, clarifying that the Constitution does not eliminate state judicial authority. Instead, state courts will continue to handle most legal matters, except in cases specifically designated for federal courts. He argues that this dual system strengthens the judiciary by allowing federal and state courts to work together rather than competing for authority. He also reassures critics that the federal courts will not undermine state sovereignty. If a state court rules on a federal issue incorrectly, the Supreme Court has the authority to review the decision and provide a final interpretation. This ensures consistency in federal law while still allowing state courts to operate independently in most cases. Hamilton contends that the judiciary’s structure is designed to preserve both state and federal legal systems, preventing conflicts while ensuring a uniform application of national laws.
Hamilton’s approach to federal and state court jurisdiction maintains a functional balance between national authority and state sovereignty. By allowing state courts to retain significant power while still recognizing the supremacy of federal law in constitutional matters, he crafts a system designed to avoid legal fragmentation without erasing local autonomy. This structure mirrors the Federalist commitment to layered governance, a system in which power isn’t simply divided but strategically interwoven to create a self-correcting legal framework. Hamilton’s design trusts in the capacity of both court systems to operate in tandem while relying on the federal judiciary to maintain overarching consistency.
Themes
