Page:Federalist, Dawson edition, 1863.djvu/135

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Contents.
cxxxiii
Essay. Page
agreement concerning the time of adjournment,No. LXXVI.537
xi. to receive ambassadors and other public ministers, 537
xii. to execute the laws of the Union, 537
xiii. to commission all the officers of the United States, 537
F. concluding remarks, 537
e. the Judiciary department, LXXVIII. 538
A. "the mode of appointing the judges," considered, 539
B. "the tenure by which the judges are to hold their places" considered, 539
a. it is similar to that by which the judges in the several States hold office, 539
b. objection thereto considered, 539
i. the Judiciary will be least in a capacity to annoy the other departments of the government, 539
ii. it is the weakest of the three departments of government, 540
c. the necessity for a complete independence of the Judiciary, 541
i. the authority of the courts to pronounce legislative acts void because contrary to the Constitution, considered, 541
ii. the exercise of that authority does not indicate that the Judiciary is superior to the legislature, 541
iii. that the legislature is the constitutional judge of its own powers, considered and denied, 542
iv. the interpretation of the laws is the peculiar province of the courts, 542
i. the effect of that interpretation on the action of the courts, 542
v. that consideration a reason for the permanent tenure of the Judiciary, 544
vi. independence of the Judiciary also necessary in order that it may guard the Constitution and the rights of individuals from sudden impulses of popular passion and prejudice, 544
vii. as well as the private rights of individuals from the mischievous effects of unjust and partial laws, 545
viii. it is necessary, also, to insure an inflexible and uniform adherence to the rights of the Constitution and of individuals, 546
ix. and from the nature of the qualifications which are required for the discharge of its duties, 546
d. the wisdom of the provision establishing good be-