Federalist Paper 78

from:
The Federalist Papers: In Modern Language
Indexed for Todays Political Issues
copyright 1999 by Mary E Webster

Number 78: Federal court: Hold Office during Good Behavior

We leave behinding now visualize the judiciary branch of the proposed government.

Federal Judiciary Necessary
2 by and by studying the defects in the existing Confederation, the utility and necessity of a federal judicature is clear. Those considerations dont need to be repeated because the propriety of the institution in the abstract is not disputed.

The only questions that have been raised relate to its body structure and its extent. Our observations, thitherfore, will be confined to these points.

Structure of Federal Judiciary
3 The structure of the federal judiciary seems to include:
1) the mode of appointing judges,
2) their tenure in office, and
3) the partition of judiciary authority between different courts and their kin to each other.

1. Appointing Judges
4 The mode of appointing judges is the same as that of appointing other officers of the Union. This has been so fully discussed in the last cardinal papers that nothing can be said here that wouldnt be useless repetition.

2.



Tenure
5 The tenure of judges, the conditions by which they hold their offices, chiefly concern their duration in office, viands for their support, and precautions for their responsibility.

Duration in Office: Good Behavior
6 tally to the Constitution, all judges appointed by the United States will hold their offices during good behavior. This conforms to the most approved State constitutions, including parvenue Yorks.

Adversaries of the Constitution have questioned whether this is proper. This criticism is a symptom of the pettishness for objections that disorders their imaginations and judgments. The standard of good behavior for judges continuing in office is one of the most valuable modern improvements in government.

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