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Federalist papers No. 78 - 82 The Declaration of Independence, the Constitution and the Federalist papers are three books which are considered to be the most important in the United States of America. Federalist papers appeared in the New York newspapers in 1787 - 1788 with the signature "publius." That was a pseudonym of the three authors: Alexander Hamilton, James Madison, and John Jay. The real goal of writing of Federalist Papers was to secure the authorization of the new constitution. The articles 78 - 82 were published for the first time on May 28, 1788. These five articles were devoted to the judicial branch of the power in the new constitution. The authors insisted that it should operate irrespectively of the political influence.
The judicial power can declare the law void if it contradicts the constitution. The right of any instance court is to carry out the supervision of actions, decisions and acts of other authorities and to make a decision about their legality or illegality. According to the principle of power division courts carry out check of legality and validity of verdicts, decisions and definitions of two other branches of power. According to federalists, the judicial power of the Union should be distributed on: - everything based on the laws of the United States, accepted according to the fair and constitutional legislative rights. - everything, concerning the performance of the rules, contained in the articles about the Union (the idea of Union is the main in the Federalist papers). - everything that the United States takes part in. - everything concerning the World of Confederation irrespectively if there is a question about the relations of the United States with foreign counties or between the states. - everything, that began from the open sea and falls under the jurisdiction of admiralty or a marine law. The authors wrote not only about the judicial power as a whole, but they also paid attention to the structure and relations of the courts, conditions of the work of judges.
The smallest part of initial jurisdiction must be kept behind the Supreme Court, and other is handled to subordinate courts. The judges should have a right to keep their post for long in order to build more reliable structure; their salaries should not be decreased. The judicial power should be independent. Independence of judges is necessary for protection of the constitution and human rights from the influence of bad moods which as a result of intriguers shifts or force of circumstances are sometimes distributed among people; and though they quickly give up the place to the best information and to more weighed judgments, but nevertheless have time to give a push to dangerous innovations in the government and to serious suppression of minorities in the community. Judges must have independence also for the better performance of their tasks. According to the theory, created by James Madison the judicial power can be controlled by Congress by means of the appointment to the positions.
Though these rules were created rather long ago they are still followed now. That is why Federalist Papers have so important place in history of the USA politics. They are recognized as a classic of the Western political thought and considered to be the most trustworthy text in terms of the interpretation of the USA constitution.
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Research essay sample on Federalist Papers Judicial Power
