# The Judges — The Federalist Papers character guide

> The Judges in The Federalist Papers by Alexander Hamilton.

**Role:** supporting

**Also known as:** judges

**First appearance:** 0080-lxxviii-the-judiciary-department

## Snapshot

The unelected arbiters Hamilton trusts to guard the Constitution against fleeting majorities — and the branch he must convince a suspicious public to accept.

## Who they are

In the world of Publius, the judges are the quiet third power: no army, no purse, only judgment, yet charged with holding statutes and states to the written frame. Their independence is the point and the problem — lifetime tenure shields them from popular pressure, which is exactly what makes Anti-Federalist readers fear them. Hamilton's argument for judicial review in these pages gives the early-middle arc its sharpest constitutional hinge, and the edition's own history shows how much weight such interpretation was meant to carry.

## Relationships

### [Alexander Hamilton](https://www.betterreads.dev/discover/the_federalist_papers_se/characters/alexander_hamilton)

_professional_

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

### [Cleomenes](https://www.betterreads.dev/discover/the_federalist_papers_se/characters/cleomenes)

_psychological_

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

### [The Senate](https://www.betterreads.dev/discover/the_federalist_papers_se/characters/the_senate)

_professional_

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

### [Publius](https://www.betterreads.dev/discover/the_federalist_papers_se/characters/publius)

_professional_

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

## In the story

### [III: The Same Subject Continued (Concerning Dangers from Foreign Force and Influence)](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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)](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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)](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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)](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/xlix-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)](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/lxxviii-the-judiciary-department)

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

### [LXXIX: The Judiciary Continued](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/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](https://www.betterreads.dev/discover/the_federalist_papers_se/chapters/endnotes)

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

## Links

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