Federalist 78 1
Defending the idea of judicial review—the authority of the courts to declare a law unconstitutional—Publius denies that it leads to judicial supremacy. The courts must never substitute "will" for "judgment," as all branches of government answer to the Constitution.
June 14, 1788
The Judiciary Department
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 not disputed; the only questions which ...