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Federalist No. 78

Alexander Hamilton · 1788

Hamilton's essay defending an independent judiciary and the power of courts to strike down unconstitutional laws.

Hamilton wrote this essay to explain and defend his vision of an independent judiciary under the new Constitution.

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Alexander Hamilton, Federalist No. 78, 1788.

About this source

What it is

Federalist No. 78 is one of the 85 essays in The Federalist, written by Alexander Hamilton in 1788 under the pen name Publius to support ratification of the U.S. Constitution.

Why it matters

In this essay Hamilton argues that the judiciary should be independent from the other branches and describes courts as 'the least dangerous branch.' It laid groundwork for the idea that courts can judge whether laws match the Constitution. It is still studied today as a foundational explanation of judicial power.

Look closer

  • Why might Hamilton have wanted to reassure readers that judges were the 'least dangerous' branch of government?
  • What does this essay suggest Hamilton feared about the other branches of government?
  • How might someone opposed to the Constitution have responded to this argument?

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