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Federalist Paper #78 Vs Marbury V. Madison

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In this essay, first the arguments of the Federalist Paper and the Supreme ruling of Marbury v. Madison will be discussed. Then these two sources will be compared and the similarity and difference will be clarified. Finally, the necessity of judicial review in the checks and balance system and its importance will be proved.
One of the most important features of the jurisdiction, Hamilton stated, was the complete independence of the branch from the other two branches. The tenure in which the judges hold during good behavior is their biggest protection and creates the separation from other branches. Their life tenure protects them from the political pressure and invasions by the executive and legislative branch. The judicial branch has by far the weakest power of all the three since they have neither force nor will. The only thing they can do is to judge. However, the main role of the judiciary branch is to protect the people from the exceeding powers of the Congress, by placing the Constitution higher than the laws passed by the Congress. The Constitution is the fundamental law for the judges. This leads to the following issue, the judicial review.
Judicial review according to Alexander Hamilton is the most important factors of the checks and balances. The Supreme Court has the power to declare laws passed by the Congress unconstitutional. If the Congress was able to pass any law, they would have violated the rights of people, who should own the government itself instead. The judiciary branch is placed between the people and the Congress. In order to protect the people from the power of the Congress, the court must place the Constitution superior to the laws passed by the Congress. The special power given to the court is to interrupt the Congress from passing excessive laws and judge their constitution. This also leads to placing the people in front of the representatives, and even the court. Therefore the judicial review plays an important role in clarifying...

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