Federalist No. 81
Encyclopedia
Essay
An essay is a piece of writing which is often written from an author's personal point of view. Essays can consist of a number of elements, including: literary criticism, political manifestos, learned arguments, observations of daily life, recollections, and reflections of the author. The definition...
by Alexander Hamilton
Alexander Hamilton
Alexander Hamilton was a Founding Father, soldier, economist, political philosopher, one of America's first constitutional lawyers and the first United States Secretary of the Treasury...
and the eighty-first of the Federalist Papers
Federalist Papers
The Federalist Papers are a series of 85 articles or essays promoting the ratification of the United States Constitution. Seventy-seven of the essays were published serially in The Independent Journal and The New York Packet between October 1787 and August 1788...
. It was published on June 25 and 28, 1788 under the pseudonym
Pseudonym
A pseudonym is a name that a person assumes for a particular purpose and that differs from his or her original orthonym...
Publius, the name under which all the Federalist Papers were published. The title is, "The Judiciary Continued, and the Distribution of the Judicial Authority", and it is the fourth in a series of six essays discussing the powers and limitations of the Judicial branch.
The Federalist Papers, as a foundation text of constitutional interpretation, are frequently cited by American jurists. Of all the essays, No. 81 is the third-most cited, behind only Federalist No. 42
Federalist No. 42
Federalist No. 42 is an essay by James Madison, and the forty-second of the Federalist Papers. It was published on January 22, 1788 under the pseudonym Publius, the name under which all the Federalist Papers were published. Federalist No. 42 continues a theme that was started in Federalist No...
and Federalist No. 78
Federalist No. 78
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of the Federalist Papers. Like all of the Federalist Papers, it was published under the pseudonym Publius....
. Federalist No. 81 addresses how the powers of the judiciary should be distributed. It deals with potential fears for the irreversible effects of judicial activism
Judicial activism
Judicial activism describes judicial ruling suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial...
.