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Federalist No. 78

Original Author Alexander Hamilton

What role should courts play, and why do judges need independence from the other branches?

The courts are part of the judicial branch, and they interpret laws (explain what laws mean), decide if laws follow the Constitution, solve legal disputes, and make sure laws are applied fairly

Judges must be independent because they must follow the law, not politics. They should not be pressured by the President or Congress. They need to make fair decisions even if unpopular, and justice must be based on rules, not opinions.

Judicial independence means judges make decisions on their own. They are not controlled by other branches. They focus only on the Constitution and laws. They are protected from political pressure. This helps protect fairness in the system.

Judges should have lifetime appointments if they behave well. This protects them from political pressure, helps them make fair decisions without fear, allows them to gain experience and keeps courts stable and consistent; but if they act badly, they can be removed.

Courts protect people’s rights, stop laws that violate the Constitution, make sure government follows rules, and keep the system balanced.

The courts act like a “check” on the other branches. Congress makes laws. The President enforces laws and courts make sure laws are constitutional. This prevents any branch from becoming too powerful.

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