14 - The Genius of Hamilton and the Birth of the Modern Theory of the Judiciary

Summary

In late May 1788, with The Federalist’s essays on Congress and the executive now completed, Alexander Hamilton turned finally to Article III and the judiciary. His six essays on the judiciary, Federalist 78–83, had only a limited effect on ratification. No newspaper outside New York reprinted them, and they appeared very late in the ratification process – after eight states had ratified. But, if these essays had little immediate impact – essentially limited to the ratification debates in New York and, perhaps, Virginia – they were a stunning intellectual achievement. Modern scholars have made Madison’s political and constitutional theory the great story of the Federalist, and Federalist 10, in particular, has long been “in the center of constitutional debate.” But careful study of essays 78–83 reveals that Hamilton had an innovative and consequential vision of the law and the judicial role that deserves at least as much attention as Madison’s contributions.