Constitution 101 Resources

9.3 Activity Guide: Federalist No. 78

This activity is part of Module 9: The Judicial System and Current Cases from the Constitution 101 Curriculum



The founders’ vision of judicial independence grew out of the colonists’ own experience under the British system. Judges were not independent within this system. Instead, colonial judges were seen as officers of the crown, who carried out the orders of the king and could be removed at his whim. In this activity, you will learn about the Founding generation’s original vision for the Supreme Court and the federal court system.
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Read Federalist No. 78 and identify three to five of Alexander Hamilton’s main arguments in favor of the federal judiciary. 
Identify the following for each argument.

  • Argument Summary
  • Supporting or clarifying ideas
  • At least one direct quotation as evidence to support the argument