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Hamilton examines this argument, starting with the fact that only the Constitution is fundamental law.To argue that the Constitution is not superior to the laws suggest that the representatives of the people are superior to the people and that the Constitution is inferior to the government it gave birth to.
Analysis With a view toward creating a judiciary that would constitute a balance against Congress, the Convention provided for the independence of the courts from Congress.
Hamilton opposes vesting supreme judicial power in a branch of the legislative body because this would verge upon a violation of that "excellent rule," the separation of powers.
Hamilton laughs at anyone who questions that life tenure is the most valuable advance in the theory of representative government.
Permanency in office frees judges from political pressures and prevents invasions on judicial power by the president and Congress.
Judging can also result in people being less likely to talk about what they’re going through and ask for the help they need.
Despite attitudes about sexuality, ethnicity and similar issues improving, discrimination against people with mental health problems is still widespread.It takes many years to fully understand the meaning of these laws and a short term of office would discourage able and honest men from seeking an appointment to the courts; they would be reluctant to give up lucrative law practices to accept a temporary judicial appointment.Life tenure, modified by good behavior, is a superb device for assuring judicial independence and protection of individual rights.The fact that the courts are charged with determining what the law means does not suggest that they will be justified in substituting their will for that of the Congress.The independence of the courts is also necessary to protect the rights of individuals against the destructive actions of factions.Hamilton cites one other important reason for judges to have life tenure.In a free government there are bound to be many laws, some of them complex and contradictory.The Constitution imposes certain restrictions on the Congress designed to protect individual liberties, but unless the courts are independent and have the power to declare laws in violation of the Constitution null and void, those protections amount to nothing.The power of the Supreme Court to declare laws unconstitutional leads some people to assume that the judicial branch will be superior to the legislative branch.People argue that it is the function of Congress, not the courts, to pass laws and formulate policy.This is true, but to interpret the laws and judge their constitutionality are the two special functions of the court.