Federalist 81. Federalist Paper 81 2022-11-02

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Federalist 81, also known as "The Powers of the Judiciary," is an essay written by Alexander Hamilton as part of the Federalist Papers. This essay discusses the role and powers of the judiciary branch of the United States government, as outlined in the Constitution.

In Federalist 81, Hamilton begins by discussing the importance of an independent and impartial judiciary. He argues that the judiciary is essential to protecting the rights and liberties of citizens, and that it is important for the judges to be insulated from external influences in order to remain objective and fair. Hamilton also notes that the judiciary serves as a check on the other branches of government, ensuring that they act within the limits of the Constitution.

Hamilton goes on to discuss the powers of the judiciary, including its ability to interpret the laws and Constitution. He argues that the judiciary should have the power to declare laws unconstitutional, as this helps to protect the principles of the Constitution and ensure that the government acts within its proper bounds.

Additionally, Hamilton discusses the structure of the federal courts, including the Supreme Court. He argues that the Supreme Court should have the final say on matters of law, as this will help to create a uniform interpretation of the laws across the country.

Overall, Federalist 81 is a detailed and insightful analysis of the role and powers of the judiciary in the United States government. It highlights the importance of an independent and impartial judiciary in maintaining the rule of law and protecting the rights and liberties of citizens.

Federalist No. 8

federalist 81

Hence the creation of a standing army was underway. This cumbersome and expensive system was profitable, but not nearlyas much as simply shipping them west and south along the Ohio and Mississippi Rivers. War in the Peaceable Kingdom: The Kittanning Raid of 1756 Yardley: Westholme Publishing 2016 , 64-70. Although it calmed the region, it did not yet fully address the problems that made it so volatile, and Washington relied on his diplomats to ease those burdens. But if I am not misinformed, the same meaning would not be given to it in any part of New England. It is not true, in the second place, that the Parliament of Great Britain, or the legislatures of the particular States, can rectify the exceptionable decisions of their respective courts, in any other sense than might be done by a future legislature of the United States. As a final measure, Spanish agents also empowered local Indian nations to resist the encroachment of American settlers through strategic raids on their settlements.

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Federalist Paper 81

federalist 81

Though the fitness and competency of those courts should be allowed in the utmost latitude, yet the substance of the power in question may still be regarded as a necessary part of the plan, if it were only to empower the national legislature to commit to them the cognizance of causes arising out of the national Constitution. They confer no right of action, independent of the sovereign will. The legislature of the United States would certainly have full power to provide, that in appeals to the Supreme Court there should be no re-examination of facts where they had been tried in the original causes by juries. This may truly be denominated the corner stone of republican government; for so long as they are excluded, there can never be serious danger that the government will be any other than that of the people. Clair into the west to subdue the warring Ohioans.


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Bill of Rights: Alexander Hamilton, Federalist, no. 84, 575

federalist 81

Justice through them may be administered with ease and despatch; and appeals may be safely circumscribed within a narrow compass. This admits of different answers. A S TATE shall be a party. That there ought to be one court of supreme and final jurisdiction, is a proposition which is not likely to be contested. It is ridiculous to imagine that county courts were in contemplation.

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The Federalist Papers Essay 81 Summary and Analysis

federalist 81

While this ought to remove all apprehensions on the subject, it affords, at the same time, a cogent argument for constituting the Senate a court for the trial of impeachments. Indian Affairs: Laws and TreatiesVol II Treaties ed. We feature smart, groundbreaking research and well-written narratives from expert writers. The arguments, or rather suggestions, upon which this charge is founded, are to this effect: "The authority of the proposed Supreme Court of the United States, which is to be a separate and independent body, will be superior to that of the legislature. If, therefore, the re-examination of a fact once determined by a jury, should in any case be admitted under the proposed Constitution, it may be so regulated as to be done by a second jury, either by remanding the cause to the court below for a second trial of the fact, or by directing an issue immediately out of the Supreme Court.

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Federalist No. 81 by Alexander Hamilton (1788)

federalist 81

And there is a still greater absurdity in subjecting the decisions of men, selected for their knowledge of the laws, acquired by long and laborious study, to the revision and control of men who, for want of the same advantage, cannot but be deficient in that knowledge. This will enable the government to modify it in such a manner as will best answer the ends of public justice and security. The Supreme Court is to be invested with original jurisdiction, only "in cases affecting ambassadors, other public ministers, and consuls, and those in which A STATE shall be a party. All questions in which they are concerned are so directly connected with the public peace, that, as well for the preservation of this, as out of respect to the sovereignties they represent, it is both expedient and proper that such questions should be submitted in the first instance to the highest judicatory of the nation. It is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent. I should consider every thing calculated to give, in practice, an UNRESTRAINED COURSE to appeals, as a source of public and private inconvenience. Though consuls have not in strictness a diplomatic character, yet as they are the public agents of the nations to which they belong, the same observation is in a great measure applicable to them.

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Federalist № 81

federalist 81

There is an absurdity in referring the determination of causes, in the first instance, to judges of permanent standing; in the last, to those of a temporary and mutable constitution. Clair marched into battle, approximately 918 were killed and 276 were wounded in the affair. It shall, nevertheless, be conceded to them, agreeably to the interpretation given to that maxim in the course of these papers, that it is not violated by vesting the ultimate power of judging in a part of the legislative body. In Britain, the judical power, in the last resort, resides in the House of Lords, which is a branch of the legislature; and this part of the British government has been imitated in the State constitutions in general. Treaties and Other International Acts of the United States of America,Volume 2, Documents 1-40: 1776-1818 Washington, DC: Government Printing Office, 1931. In comparison to the modern world, Federalist 8 remains applicable given that there are those who seek to harm our land. The judges of these courts, with the aid of the State judges, may hold circuits for the trial of causes in the several parts of the respective districts.

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Federalist No. 81 (Hamilton)

federalist 81

John Forbes had done during his conquest of Fort Duquesne in 1758, Wayne created a permanent line of communication into the frontier that would keep future uprisings at bay and enforce federal sovereignty over the backcountry. This we have seen has also been attended to, in a variety of cases, in the same plan. But the errors and usurpations of the Supreme Court of the United States will be uncontrollable and remediless. The power of constituting inferior courts is evidently calculated to obviate the necessity of having recourse to the Supreme Court in every case of federal cognizance. The legislature of the United States would certainly have full power to provide, that in appeals to the Supreme Court there should be no re-examination of facts where they had been tried in the original causes by juries. And well satisfied as I am of the propriety of the appellate jurisdiction, in the several classes of causes to which it is extended by the plan of the convention.

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The Avalon Project : Federalist No 81

federalist 81

It is intended to enable the national government to institute or AUTHORUZE, in each State or district of the United States, a tribunal competent to the determination of matters of national jurisdiction within its limits. Some well-intentioned men in this State, deriving their notions from the language and forms which obtain in our courts, have been induced to consider it as an implied supersedure of the trial by jury, in favor of the civil-law mode of trial, which prevails in our courts of admiralty, probate, and chancery. Overall, the British seemed to gain more from the agreement in the form of valuable trading rights, but Jay did achieve one meaningful compromise: the abandonment of western posts. The French enticed native traders with abundant, albeit lesser quality, trade goods, and the British recoiled at the imminent danger presented by the transactions. Rather, it should be a branch of the legislature since it would be "construing" laws. Even though the war forced Spain into an alliance with its traditional enemy of Great Britain, Spain saw dramatic defeats in the Caribbean and European Theaters. It is not true, in the second place, that the Parliament of Great Britain, or the legislatures of the particular States, can rectify the exceptionable decisions of their respective courts, in any other sense than might be done by a future legislature of the United States.


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Federalist No. 81

federalist 81

Treasury agents saw their homes burned and their families terrorized, and in the ensuing months extra-legal courts developed across the west as well as unsanctioned, armed militias. And the inference is greatly fortified by the consideration of the important constitutional check which the power of instituting impeachments in one part of the legislative body, and of determining upon them in the other, would give to that body upon the members of the judicial department. This is jurisdiction of both fact and law; nor is it even possible to separate them. In proportion to the grounds of confidence in, or distrust of, the subordinate tribunals, ought to be the facility or difficulty of appeals. But it does not follow that the re-examination of a fact once ascertained by a jury, will be permitted in the Supreme Court. There is an absurdity in referring the determination of causes, in the first instance, to judges of permanent standing; in the last, to those of a temporary and mutable constitution. Pickney insisted on the 31st parallel as the new border between the United States and Florida, as well as free navigation of the Mississippi River.

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