Sunday, October 20, 2013

Please discuss and summarize the relationship of Federalist No. 79–82 to criminal law.

"Federalist No. 79" discusses the importance of an independent judiciary. Hamilton says that judges should serve for life, rather than serving at the whim of politicians. He also says that their salary should not be decreased. In "Federalist No. 80," Hamilton lays out the jurisdiction of the federal judiciary, which includes cases that arise from the laws of the United States as written in the Constitution, cases involving public figures and ministers, cases involving maritime law, cases involving the United States itself as a party, and cases between citizens of different states. In "Federalist No. 81," Hamilton establishes the structure of the judiciary with the Supreme Court at the top and other inferior courts set up by Congress. In "Federalist No. 82," Hamilton writes that the states will retain powers not given to the federal government. This is the basis of our federalist system.
The principles in this section of the Federalist Papers on the judiciary became part of our Constitution and have effects on the practice of criminal law today. For defendants and plaintiffs to receive fair trials, the judiciary must be free of political influence in that judges are appointed to the Supreme Court for life. In addition, the court system establishes a hierarchy in which local courts try cases first and then other courts hear cases on appeal. The Supreme Court only hears cases, including criminal cases, in which the decision of lower courts has been appealed. The Supreme Court hears cases that affect the interpretation of the Constitution, including its provisions for defendants in criminal trials. 

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