The Judges

Alexander Hamilton

Hamilton defends the lifetime tenure and independence of federal judges as essential for impartial justice and constitutional limits.

Cleomenes

Hamilton references Cleomenes' actions to illustrate how popular leaders can subvert judicial authority.

The Senate

The Senate and the judiciary are discussed as co-equal branches with overlapping roles in impeachment and constitutional interpretation.

Publius

Publius defends the judiciary as the least dangerous branch, lacking power over purse or sword but possessing judgment.

III: The Same Subject Continued (Concerning Dangers from Foreign Force and Influence)

Mentioned in the context of national courts providing consistent adjudication of treaties and laws of nations.

XVI: The Same Subject Continued (The Insufficiency of the Present Confederation to Preserve the Union)

Mentioned as potential guardians of the Constitution against unconstitutional state laws.

XXII: The Same Subject Continued (Other Defects of the Present Confederation)

Referenced in the context of needing a supreme tribunal to ensure uniform judicial determinations.

XXVIII: The Same Subject Continued (The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered)

Mentioned in the context of legal authority and the laws.

XLII: The Powers Conferred by the Constitution Further Considered

Referenced indirectly in the context of judicial proceedings and the power to prescribe their effect across states.

XLIV: Restrictions on the Authority of the Several States

Mentioned as part of the judiciary that would interpret and give effect to legislative acts, bound by the supremacy clause.

XLVI: The Influence of the State and Federal Governments Compared

Referenced indirectly in the context of state officers and oaths.

XLVII: The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts

Discussed in relation to their appointments and connections with other departments.

XLVIII: These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other

Referenced as having salaries varied by the legislature, violating constitutional requirements.

Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention

Mentioned as part of the judiciary department, which is too far removed from the people to share in their prepossessions.

LIII: The Same Subject Continued (The House of Representatives)

Implied in the context of each house judging elections, qualifications, and returns of its members.

LXIV: The Powers of the Senate

Referenced to illustrate that constitutional acts of power, like court judgments, are binding without being legislative acts.

LXV: The Powers of the Senate Continued

Supreme Court justices considered as potential impeachment judges but deemed less suitable.

LXVI: Objections to the Power of the Senate to Set as a Court for Impeachments Further Considered

Mentioned in the context of New York's constitution, where judges sit with the Senate in the highest court.

LXVIII: The Mode of Electing the President

Referenced indirectly as part of the 'persons holding a place of trust or profit under the United States' who are excluded from being electors.

LXXI: The Duration in Office of the Executive

Mentioned alongside the executive as a branch needing independence from the legislature.

LXXV: The Treaty-Making Power of the Executive

Referenced indirectly through the discussion of treaties having the force of law, though not explicitly named.

LXXVI: The Appointing Power of the Executive

Mentioned as one of the groups (Supreme Court justices) appointed by the President with Senate consent.

LXXVII: The Appointing Power Continued and Other Powers of the Executive Considered

Implied as part of the officers appointed under the proposed system, though not explicitly named in this excerpt.

LXXVIII: The Judiciary Department

Federal judges who hold office during good behavior, serving as guardians of the Constitution.

LXXIX: The Judiciary Continued

Recipients of fixed compensation and subject to impeachment; their independence is protected by the Constitution.

LXXX: The Powers of the Judiciary

Discussed in the context of potential bias in state courts regarding land grants.

LXXXI: The Judiciary Continued, and the Distribution of the Judicial Authority

Federal judges with tenure during good behavior, subject to impeachment by Congress.

LXXXII: The Judiciary Continued

Implied as the officials who would preside over state and federal courts in concurrent jurisdiction cases.

LXXXIII: The Judiciary Continued in Relation to Trial by Jury

Referenced in context of legal interpretation and the role of courts in applying maxims.

Endnotes

Discussed in the endnotes concerning the judiciary and the interpretation of law.