A collection

The Executive and the Judiciary

• Federalist No. 67: The Executive Department

  Alexander Hamilton · 1788 · New York

  Hamilton opens the case for the executive by clearing away caricature, answering critics who painted the presidency as a king in disguise. He insists the office be judged by what...

• Federalist No. 68: The Mode of Electing the President

  Alexander Hamilton · 1788 · New York

  Hamilton explains the method of electing the president, defending the electors as a way to combine popular choice with considered judgment. The design, he argues, aims to keep the office...

• Federalist No. 69: The Real Character of the Executive

  Alexander Hamilton · 1788 · New York

  Hamilton compares the president directly to the British king and the New York governor, showing the office to be far more limited than its critics claimed. Point by point, he...

• Federalist No. 70: The Executive Department Further Considered

  Alexander Hamilton · 1788 · New York

  Hamilton makes the case for a single, energetic executive, arguing that energy in the office is essential to good government, not a threat to it. Unity, he holds, brings the...

• Federalist No. 71: The Duration in Office of the Executive

  Alexander Hamilton · 1788 · New York

  Hamilton defends the four-year presidential term, arguing it gives the office enough independence to resist passing gusts of public mood while remaining answerable. Firmness and accountability, he insists, are not...

• Federalist No. 72: The Same Subject Continued, and Re-Eligibility of the Executive Considered

  Alexander Hamilton · 1788 · New York

  Hamilton argues for letting a president seek reelection, holding that the prospect of continuing in office encourages good conduct and preserves hard-won experience. Barring it, he warns, would waste talent...

• Federalist No. 73: The Provision For The Support of the Executive, and the Veto Power

  Alexander Hamilton · 1788 · New York

  Hamilton defends the president's salary protection and the veto power, framing the veto as a shield for the office and a check on hasty law. The aim is balance, giving...

• Federalist No. 74: The Command of the Military and Naval Forces, and the Pardoning Power of the Executive

  Alexander Hamilton · 1788 · New York

  Hamilton explains the president's role as commander in chief and the pardon power, arguing both call for the focus and humanity a single person can bring. The pardon in particular,...

• Federalist No. 75: The Treaty Making Power of the Executive

  Alexander Hamilton · 1788 · New York

  Hamilton defends the treaty power shared by president and Senate, arguing that treaty-making fits neither branch alone. The combination joins the executive's capacity to negotiate with the legislature's check on...

• Federalist No. 76: The Appointing Power of the Executive

  Alexander Hamilton · 1788 · New York

  Hamilton takes up appointments, defending the president's power to nominate with the Senate's advice and consent. The arrangement, he argues, fixes responsibility for good appointments while guarding against favoritism and...

• Federalist No. 77: The Appointing Power Continued and Other Powers of the Executive Considered

  Alexander Hamilton · 1788 · New York

  Hamilton continues on the appointment power and reviews the executive's authority as a whole, arguing the office is strong enough to function and checked enough to stay safe. He closes...

• Federalist No. 78: The Judiciary Department

  Alexander Hamilton · 1788 · New York

  Hamilton opens the case for the judiciary, defending lifetime tenure during good behavior and introducing judicial review. The courts, he argues, are the least dangerous branch, holding neither sword nor...

• Federalist No. 79: The Judiciary Department Continued

  Alexander Hamilton · 1788 · New York

  Hamilton continues on the judiciary, defending protected judicial salaries and the limited grounds for removing judges. Independence, he argues, requires that judges not be punished through their pay or hounded...

• Federalist No. 80: The Powers of the Judiciary

  Alexander Hamilton · 1788 · New York

  Hamilton sets out the proper reach of federal courts, matching their jurisdiction to the cases a national government must be able to decide. The scope, he argues, follows from the...

• Federalist No. 81: The Judiciary Continued, and the Distribution of the Judicial Authority

  Alexander Hamilton · 1788 · New York

  Hamilton explains the structure of the federal courts and answers fears that the Supreme Court would override the legislature at will. Judicial review, he argues, guards the Constitution itself and...

• Federalist No. 82: The Judiciary Continued

  Alexander Hamilton · 1788 · New York

  Hamilton addresses how state and federal courts will share the work, arguing the two systems can operate together without confusion. State courts retain a real role, and appeals provide the...

• Federalist No. 83: The Judiciary Continued in Relation to Trial by Jury

  Alexander Hamilton · 1788 · New York

  Hamilton takes up the absence of a guaranteed civil jury and answers the alarm it caused. Silence is not prohibition, he argues, and the matter is better left to legislative...

• Federalist No. 84: Certain General and Miscellaneous Objections to the Constitution Considered and Answered

  Alexander Hamilton · 1788 · New York

  Hamilton confronts the most famous objection, the lack of a bill of rights, arguing that the Constitution is itself a charter of liberties and that enumerating some rights could endanger...

• Federalist No. 85: Concluding Remarks

  Alexander Hamilton · 1788 · New York

  Hamilton closes the series, gathering the argument and urging readers to weigh the plan whole rather than reject it for imperfections that amendment can later cure. A republic, he reminds...