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Thejudicial review acts as the Supreme Court’s power in the UnitedStates in declaring the actions of the government and the laws of thegovernment as unconstitutional. It gives the Supreme Court to dictatewhat is legal based on their interpretation of the constitution inthe United States. The constitution in the United States thus existsto empower the court to ensure that the State is aligned to theSupreme’s court decisions. The Supreme Court supporters bring whatAlexander Hamilton writes. The federalist papers were written toexpound on the new government.

Thepaper aims to provide about 30 examples that are written in thefederalist in supporting the Supreme Courts’ argument that it willhave power over the judicial review, provide examples that supportthe argument that the founding fathers intended for the Supreme Courtto have power, describe how each of the statement justified theassumption that the founders just intended to be a judicial reviewand finally conclude the essay with an opinion, reason for theopinion and the problems and the benefits with court having powerover the state government

Examplesin Federalist supporting the argument that the Supreme Court willhave power over the judicial review

Thefundamentals of the federal judicature have been pointed out clearlywith the existing confederation’s defects. One of the basicexamples where the Supreme Court will have power over the judicialreview is through the mode of appointing judges, the occupancy bywhich they hold their position, the judiciary authority partition andthe way they relate with different courts. Asthe mode of appointing the judges, it is the same as appointing theofficers of the union in general.Hamilton presents the example in Monarch where it is an excellentbarricade to prince despotism.

Concerningthe mode of appointing the judges and Union officers, the occupancythrough which the judges occupy their offices concerns officeduration, responsibility precaution and providing support. All thejudges appointed by U.S. are to hold offices during good behaviors.The standard of good behavior from continuing into the office of themagistracy is one of the modern and most valuable improvements inpractice of the government. The federalist warn against giving muchpower to other government levels and all the system branches andstate clearly that the judicial branch is necessary in checking thepower of other levels.

Thejudicial review allows the court to determine the legality andillegality of their system based on court’s interpretation of theconstitution. Thus, empowering the Supreme Court to order the stateto abide by Supreme’s court decision is imperative. The SupremeCourt has weakened the state government and other national governmentbranches. For instance, the government has failed to abide byAffordable care act where the court has ordered them to do so.

Therights advocate of the State are convicted that the States exists asequal partner in the federal system of the government and that, therewas no intention by the state to be submissive to the nationalgovernment. The article III of the constitution gives the SupremeCourt power over the judicial review. The judiciary from the natureof its actions, whoever considers diverse power department mustperceive where it will be the least dangerous to the constitutionpolitical rights since it will be leas in capacity to injure or annoythem.

Theexecutives dispense the honor and hold the community sword. Judiciarycannot be compared as the weakest department of power that it cannothave control of the two. It proves through oppression of anindividual may proceed now and then the court of justice.If the power to judge is not separated from the executive andlegislature’s powers, then there is no liberty. If the legislativebody is part of the constitutional judges, it is not a naturalpresumption. Constitution as regarded by Hamilton must be regardedby the judges as a basic law. It thus belongs to them in establishthe meaning of act proceeding from the legislative body.

Hamilton’sexample that founding father intended Supreme Court to have power

Thefounding fathers never intended the Supreme Court in U.S to havepower over the judicial review over the States. The supporters of theSupreme Court having the power to bring review in the judicially, thestandard of good behavior for office continuance has been the mostmodern improvement in government practice. It is an excellent barrierin monarchy to prince despotism. Alexander Hamilton defined theSupreme Court as the power of the judicial review. The main purposeof power is to have a check on the legislature where the courtbarricades the oppressions and encroachment of the representativebody. To have an upright, steady and an impartial lawsadministration, the court has power to rule on state laws throughjudging against the constitution. Hamilton set the definition ofpower with the feeling of fear of the court taking the power from theexecutive and legislative branches unfounded on court basis as toweak.

Justificationfor a judicial review by the Founders

Althoughthe judicial review was greatly supported by the founding fathers,back then, it was not the questioned power that it has become. Thereexists controversy about the use of power and scope though no onedenies the power. For the founding fathers, there was considerablecriticism theoretically of the judicial review and actions of thepoliticians that was directed towards it. The judicial supremacymight not have achieved in the earlier debate. The defense of thereview against the change being undemocratic implied that the powerdid not intend the judicial supremacy over the legislature butsupremacy of the fundamental popular over both. The review gaveeffect to the people’s will in the constitution over the transientwill that was represented by the executive and legislature. The earlyfounders pointed the limits that flowed from the very nature of thejudicial power.


Judicialreview was greatly supported by the founding fathers. The review actsto declare the action by the government. Up to today, the SupremeCourt has power over the judicial review since the powers arise fromlaw judiciary and thus, the court must be given power to exercisewhat is mandated of the. The court having power over the stategovernment can interfere with acts of the subordinate and superiorauthority of a derivative and original power. Alsoon the pretense of repugnancy, the court might substitute theirpleasures to the intentions of the constitution. The advantages ofthe judges having power are a requisite in guarding the rights ofindividual and constitution from the effects of ill humors orparticular conjuncture influence.