Federalist Paper #78 -In Federalist Paper #78, Alexander Hamilton discusses the significance behind the lifetime tenure of Court judges. -One key component of the judiciary that he points out is the independence and insulation of the courts from the other two branches of government, enabling the courts to prevent legislative and executive encroachment on the Constitution and individual rights. -In addition, Hamilton describes the judiciary as the weakest branch of government due to its lack of force and will, which supports the tenure of judges with good behavior. -The purpose and original intentions of the Federalists regarding the Federalist Papers was to defend and uphold the Constitution, as well as to present important statements of political philosophy in order to convince the state legislatures to ratify the Constitution. -Federalist Paper #78 was written to discuss and review the essential components of the newfound judicial branch of government; specifically, the mode of appointing judges, their tenure, and the relationship between each of the courts. -Hamilton argues that the judicial branch is the least powerful branch of government on the grounds that unlike the executive and legislative branches, the judiciary, “...has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatsoever.”(Hamilton). -In addition, judges are limited to judgment alone, and are dependent on the other units of government to exercise both will and force. Federalist Paper #78 -Hamilton was so careful to point out the relative impotence of the judiciary to demonstrate that despite the lifetime tenure that judges hold, it is unlikely that there will be an encroachment of judicial power. -In addition, an inability to take force without reliance on the other branches of government ensures adherence to the Constitution and “...impartial administration of the laws.”(Hamilton). -As a result, a lifetime tenure holds significantly less danger than one in the legislative or executive branches, which each hold stronger powers. -Hamilton strongly supported the power of the judiciary to declare void any legislative acts that were contrary to the Constitution. -He believed that the best medium to protect and uphold the limitations of legislative authority was the courts, “...whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void.”(Hamilton). -It is through this medium alone, that individual rights and privileges would be safeguarded from legislative encroachment. -Hamilton considers the independence of the judiciary to be a vital component of constitutional government for two main reasons. -The first reason is to enable the court to declare acts inconsistent with the Constitution void, specifically to protect against the expansion of both legislative and executive power, or declare laws by the legislature unconstitutional. -Another reason is that if the courts had a temporary tenure, there would be a danger of making judgements in favor of those that the court was committed to or those that judges were chosen by. Federalist Paper #78 -For example, out of fear of displeasing the people, the judiciary might make judgements based on popular opinion alone rather than on the Constitution. -Hamilton uses several arguments to support lifetime tenure for judges. -The first point he makes is that judges must hold their offices with good behavior, which serves as a barrier to any encroachments of judicial power. -In addition, Hamilton states that this ensures that laws and decisions are both made and administered impartially. -Another argument is the relative weakness of the judicial branch compared to the other two branches of government. -Unlike both the executive and legislative, the judiciary lacks force and will, and relies on the other units of government to implement its judgements. -Therefore, this weakness also prevents the unconstitutional expansion of judicial power. -Finally, since judicial positions require deep knowledge of the many rules and precedents, there are few individuals with sufficient skill and integrity to effectively fill these roles. -In the case of temporary judicial tenures, there would be, “...a tendency to throw the administration of justice into hands less able, and less well qualified, to conduct it with utility and dignity.”(Hamilton).