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Courts and Sentencing founders' library
Brutus No. 11: The Federal Courts Will Mold the Government to Their Liking Brutus warns that the Constitution's broad judicial power, reaching cases in law and equity, will let federal judges shape the government by interpretation. Federal Farmer No. 2: Fair Representation, the Jury and a Bill of Rights The Federal Farmer argues that free government needs full and equal representation, jury trial from the neighborhood, and a declaration of fundamental rights. Federalist No. 78: The Judiciary Department Hamilton calls the judiciary the least dangerous branch, defends life tenure for judges, and explains why courts may refuse to enforce unconstitutional laws. Federalist No. 79: The Judiciary Continued Hamilton argues that fixed salaries protect judicial independence and that impeachment is the proper check on judges who abuse their offices. Federalist No. 80: The Powers of the Judiciary Hamilton explains why the national courts need power over cases under the Constitution, treaties, foreign relations and disputes between states. Federalist No. 81: The Judiciary Continued, and the Distribution of the Judicial Authority Hamilton defends one Supreme Court with inferior courts, denies that courts may rewrite laws by the Constitution's spirit, and rejects suits against states. Federalist No. 82: The Judiciary Continued Hamilton argues that state courts keep concurrent jurisdiction over federal matters unless the Constitution says otherwise, with appeals to the Supreme Court. Federalist No. 83: The Judiciary Continued in Relation to Trial by Jury Hamilton answers the complaint that the Constitution omits civil jury trial, arguing that silence does not abolish it, though he admits it is valuable.