1. "Judicial independence," or the requirement that the judicial branch be really distinct from the administrative and legislative branches, is one of Hamilton's key issues in Essay #78. He argues that without this requirement, there can be no liberty because only then can judges truly exercise their power without fear of persecution by other branches of government.
2. The main example that Hamilton uses to explain why judicial independence is so important is the case of Judge Joseph Story. Before he was appointed to the Supreme Court, Story had a very successful legal career as a lawyer. But more importantly, he had been elected to two terms as governor of Massachusetts. However, before his second term began, President Adams asked him to serve on the federal court of appeals. Story refused because it was too far away from Boston where his law practice was located. But after some convincing, he agreed to take the job. This shows that judges must be able to make their own decisions about who will hire them and where they will work. Otherwise, they would not be able to do their jobs properly.
3. Another issue that Hamilton talks about in this essay is the need for Congress to have the authority to remove judges if they are wrong. Otherwise, judges will always be afraid to rule against the government because they cannot be sure that they will not get removed from their positions if they do.
According to Hamilton, the judiciary must be independent in order to accomplish its primary function under a constitutional government: the preservation of the people's "specific rights or privileges" as defined by the Constitution. The judiciary cannot be depended upon to protect those rights, since it is not protected itself by any special provision within the Constitution. Therefore, it must be entrusted exclusively to men who are sworn to defend the interests of the people without fear or favor.
Hamilton also argues that the judiciary is important because it is the final authority on issues of law. The president makes laws by issuing executive orders and bills into legislation. However, if the president decides not to follow through with something, or changes his mind later on, there will be no one but judges to decide whether he has acted legally. This is why it is essential that they be independent of both the executive and legislative branches - otherwise there would be no check on how they exercise their power.
Finally, Hamilton argues that the judiciary is indispensable because it is the only branch of government that can provide relief for real or alleged injuries to individuals. There are no other institutions in a constitutional republic like the United States where you would go to get your grievances resolved. The presidency and the Senate are meant to represent the people, but they are not able to grant actual remedies for injuries done to individuals. Only courts can do that.
Hamilton alluded to the passage that reads, "No legislative act adverse to the Constitution, therefore, can be legal." It stated that judicial scrutiny will be required to oversee congressional acts that may violate the Constitution. The Supreme Court's Responsibility to Interpret the Law and the President's Power to Execute the Laws
In addition to these powers, the executive branch has other ways of influencing the course of law enforcement. For example, agencies can decide what laws they will enforce and which crimes they will prosecute. Agencies also have the power to hire and fire officers who work for them. Finally, agencies can write their own rules when they want to create a new crime or change the punishment for an existing one.
Judicial review is a process where courts determine whether actions taken by other branches of government are consistent with the United States Constitution. Courts cannot declare laws unconstitutional; instead, they must decide whether Congress' actions were lawful. However, courts can stop agencies from executing illegal searches and seizures by issuing injunctions. Judicial review also plays a role in preventing the overreaching of the president by checking and balancing his authority against that of other branches of government.
In conclusion, judicial review is the means through which courts protect citizens from violations of their constitutional rights by other parts of the government.
Alexander Hamilton (writing as Publius) presented the basis for judicial life terms and judicial review in Federalist 78. This lesson allows students to evaluate the text and consider how future American historical events supported and contradicted its conclusions. Students can also compare Hamilton's views on this matter with those of John Jay.
In addition to these specific points, Federalist 78 can be used to examine several broader issues relating to constitutional government. These include: the proper role of the executive branch; the relationship between the federal government and state governments; the meaning of "consent of the people"; and concerns about tyranny of the majority or of the few.
Finally, students can reflect on their own political beliefs by comparing them with those of Hamilton and Jay.
Hamilton argued that the new Constitution provided an effective check on presidential power because it included features such as the separation of powers among the branches of government, limits on presidential duration, and requirements that the president obtain congressional approval before going to war. In addition, the amendment process gave citizens a way to amend the Constitution if they felt that their leaders had gone too far. Finally, under the "take care" clause, which is found in Article II, Section 4, the president was required to see that the laws are faithfully executed.
Hamilton contends that executive branch unity is essential for both energy and safety. The actions of a single person generate energy, which is defined by "determination, activity, secrecy, and dispatch," whereas safety is generated by the unitary executive's open accountability to the public. Hamilton argues that without these qualities, the government cannot act with either energy or safety.
He also states that since energy and safety are necessary for liberty, so too is unity required for national prosperity. Without it, says Hamilton, "our country will be in danger of being torn into pieces."
Finally, he asserts that freedom itself requires unity because "no one can be free while any other is not" and thus "there can be no freedom for all until there is freedom for some."
In other words, unless we are all united, none of us will be able to live our lives in peace and happiness. This means that our country needs strong leadership to keep its people together.
So the answer to the question "What does Hamilton mean by unity?" is that without it, there can be no security, no prosperity, and no freedom for anyone.