The Federalist

The Federalist No. 80

534 The Federalist No. 80 [HAMILTON] which they depend for subsistence, and from which it will be too late to resort to any other occupation for a livelihood, ought to have some better apology to humanity, than is to be found in the imaginary danger of a superannuated bench. PUBLIUS. The Federalist No. 80 ALEXANDER HAMILTON May 28, 1788 1 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 descrip2 tions of causes, ist. To all those which arise out of the laws of the United States,passed in pursuance of their just and constitutional powers of legislation; sd. to all those which concern the execution of the provisions expressly contained in the articles of union; gd. to all those in which the United States are a party; 4th. to all those which involve the PEACE of the CONFEDERACY, whether they relate to the intercourse between the United States and foreign nations, or to that between the States themselves; 5th. to all those which originate on the high seas, and are of admiralty or maritime jurisdiction; and lastly, to all those in which the state tribunals cannot be supposed to be impartial and unbiassed. From J. and A. McLean, The Federalist, II, 303-10, where this essay was first published May 28, 1788, and numbered 80. It appeared on June 21 in The Independent Journal where it was numbered 79, and was begun on June 27 and concluded on July i in The New-York Packet where it was numbered 80. [HAMILTON] The Federalist No. 80 535 The first point depends upon this obvious consideration that there ought always to be a constitutional method of giving efficacy to constitutional provisions. What for instance would avail restrictions on the authority of the state legislatures, without some constitutional mode of enforcing the observance of them? The states, by the plan of the convention are prohibited from doing a variety of things; some of which are incompatible with the interests of the union, and others with the principles of good government. The imposition of duties on imported articles, and the emission of paper money, are specimens of each kind. No man of sense will believe that such prohibitions would be scrupulously regarded, without some effectual power in the government to restrain or correct the infractions of them. This power must either be a direct negative on the state laws, or an authority in the federal courts, to over-rule such as might be in manifest contravention of the articles of union. There is no third course that I can imagine. The latter appears to have been thought by the convention preferable to the former, and I presume will be most agreeable to thestates. As to the second point, it is impossible by any argument or comment to make it clearer than it is in itself. If there are such things as political axioms, the propriety of the judicial power of a government being co-extensive with its legislative, may be ranked among the number. The mere necessity of uniformity in the interpretation of the national laws, decides the question. Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, isa hydra in government, from which nothing but contradiction and confusioncan proceed. Still less need be said in regard to the third point. Controversies between the nation and its members or citizens, can only be properly referred to the national tribunals. Any other plan would be contrary to reason, to precedent, and to decorum. The fourth point rests on this plain proposition, that the peace of the WHOLE ought not to be left at the disposal of a PART. 536 The Federalist No. 80 [HAMILTON] The union will undoubtedly be answerable to foreign powers for the conduct of its members. And the responsibility for an injury ought ever to be accompanied with the faculty of preventing it. As the denial or perversion of justice by the sentences of 3 courts, as well as in any other manner, is with reason classed among the just causes of war, it will follow that the federal judiciary ought to have cognizance of all causes in which the citizens of other countries are...