1The Federalist No. 78, [28 May 1788] (Hamilton Papers)
To the People of the State of New-York. WE proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged; as the propriety of the institution in the abstract is...
2The Federalist No. 79, [28 May 1788] (Hamilton Papers)
To the People of the State of New-York. NEXT to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support. The remark made in relation to the president, is equally applicable here. In the general course of human nature, a power over a man’s subsistence amounts to a power over his will . And we can never hope to see realised in...
3The Federalist No. 80, [28 May 1788] (Hamilton Papers)
To the People of the State of New-York. TO judge with accuracy of the proper extent of the federal judicature, it will be necessary to consider in the first place what are its proper objects. It seems scarcely to admit of controversy that the judiciary authority of the union ought to extend to these several descriptions of causes. 1st. To all those which arise out of the laws of the United...
4The Federalist No. 81, [28 May 1788] (Hamilton Papers)
To the People of the State of New-York. LET us now return to the partition of the judiciary authority between different courts, and their relations to each other. “The judicial power of the United States is (by the plan of the convention) to be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish.” Article 3. Sec. 1. That there...
5The Federalist No. 82, [28 May 1788] (Hamilton Papers)
To the People of the State of New-York. THE erection of a new government, whatever care or wisdom may distinguish the work, cannot fail to originate questions of intricacy and nicety; and these may in a particular manner be expected to flow from the establishment of a constitution founded upon the total or partial incorporation of a number of distinct sovereignties. ’Tis time only that can...
6The Federalist No. 83, [28 May 1788] (Hamilton Papers)
To the People of the State of New-York. THE objection to the plan of the convention, which has met with most success in this state, and perhaps in several of the other states, is that relative to the want of a constitutional provision for the trial by jury in civil cases. The disingenuous form in which this objection is usually stated, has been repeatedly adverted to and exposed; but continues...
7The Federalist No. 84, [28 May 1788] (Hamilton Papers)
To the People of the State of New-York. IN the course of the foregoing review of the constitution I have taken notice of, and endeavoured to answer, most of the objections which have appeared against it. There however remain a few which either did not fall naturally under any particular head, or were forgotten in their proper places. These shall now be discussed; but as the subject has been...
8The Federalist No. 85, [28 May 1788] (Hamilton Papers)
To the People of the State of New-York. ACCORDING to the formal division of the subject of these papers, announced in my first number, there would appear still to remain for discussion, two points, “the analogy of the proposed government to your own state constitution,” and “the additional security, which its adoption will afford to republican government, to liberty and to property.” But these...
9The Federalist No. 77, [2 April 1788] (Hamilton Papers)
To the People of the State of New-York. IT has been mentioned as one of the advantages to be expected from the co-operation of the senate, in the business of appointments, that it would contribute to the stability of the administration. The consent of that body would be necessary to displace as well as to appoint. A change of the chief magistrate therefore would not occasion so violent or so...
10The Federalist No. 76, [1 April 1788] (Hamilton Papers)
To the People of the State of New-York. THE President is “to nominate and by and with the advice and consent of the Senate to appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of the United States, whose appointments are not otherwise provided for in the Constitution. But the Congress may by law vest the appointment of such inferior...