Lesson 16: Federalist 78
Duration of Days: 2
Lesson Objective
Explain Alexander Hamilton’s arguments in Federalist No. 78 regarding the role and power of the judicial branch.
Analyze the concept of judicial review and Hamilton’s justification for an independent judiciary.
Evaluate the claim that the judiciary is the “least dangerous branch,” using evidence from the text.
Explain how life tenure and judicial independence protect constitutional principles while remaining consistent with checks and balances.
Connect Federalist No. 78 to modern Supreme Court practices, including judicial review and constitutional interpretation.
Why does Hamilton argue that an independent judiciary with the power of judicial review is essential to protecting the Constitution?
CG.Inq.4.c. Critique political arguments and explanations while acknowledging the strengths and
weaknesses given the purpose and audience (credibility, bias, reasoning, sequencing,
details)
DOK level 4 -
Synthesize Federalist 78 with other Federalist Papers (e.g., 51 or 70) to evaluate the balance of power among branches.
Assess whether the modern judiciary reflects Hamilton’s vision, using historical or contemporary evidence.
N/A
Comprehension questions, discussion questions, and frq will assess the level of understanding.
https://docs.google.com/document/d/1oX6OibNsISateJV3bSagUlrf3Sc-nXIkU4iBIL-emdk/edit?tab=t.0
https://docs.google.com/document/d/1ZZm_iWh_e_eo-91frQkxA3kFEW7_sZE4ceaFmP09v48/edit?tab=t.0