In Federalist 78, Hamilton discussed the need for judges to be appointed on the basis of Good Behavior and to have a permanent tenure. According to Hamilton, the danger of allowing congress to determine the constitutionality of their acts is that:
- They could institute their will on the people.
- Critics of judicial review say that this act gives the courts superiority over the legislature. But from Hamilton's argument, judicial review is important because it will help to checkmate the excesses of the lawmakers.
Judicial review occurs when judges evaluate some decisions of the legislative and executive bodies to determine their constitutionality.
Hamilton supported it because there was a risk of lawmakers instituting their will against the people.
With a judicial review, the judges will ensure that the lawmakers do not go against the constitution which should guide them.
Learn more here:
https://brainly.com/question/11410063
