Dr. Sean Beienberg examines the historical debate between Alexander Hamilton and Brutus regarding judicial power and independence in the American constitutional system. Hamilton's Federalist 78 defends judicial review as necessary for enforcing constitutional limits on government, while Brutus feared creating an unaccountable judicial oligarchy.

• Both Hamilton and Brutus agreed judicial review existed in the Constitution but disagreed on whether it was beneficial
• Brutus warned judges would become "independent of heaven itself" with no checks on their power
• Hamilton argued the judiciary would be "the least dangerous branch" lacking enforcement mechanisms
• The case for judicial independence collapses if judges enforce their preferences rather than the Constitution
• Hamilton explicitly rejected judges updating the Constitution based on changing public sentiment
• Brutus feared judges would rely on the "spirit" rather than text of the Constitution to expand their power

Listen to our other episodes in the Civics in a Year series to build your understanding of America's constitutional foundations.

Check Out the Civic Literacy Curriculum!

School of Civic and Economic Thought and Leadership

Center for American Civics

We explore Federalist Papers 47 and 48 with Dr. Sean Beinberg, examining Madison's sophisticated understanding of separation of powers and the subtle distinction between separated powers and checks and balances.

• Dr. Beienberg identifies these papers as among the most important Federalist writings
• Madison responds to critics who claimed the Constitution had poor separation of powers
• Tyranny defined as concentration of powers, regardless of whether in one, few, or many hands
• Madison argues tyranny can exist even in a popularly elected democracy if powers aren't separated
• Separation requires giving each branch control over others, not complete division
• "Parchment barriers" aren't enough - branches need actual mechanisms to check each other
• Madison's fear of legislative power relates specifically to state constitutions after the Revolution
• Federalist 48 also provides a framework for when to fear executive overreach
• Contemporary politics may actually match Madison's conditions for dangerous executive power

Check Out the Civic Literacy Curriculum!

School of Civic and Economic Thought and Leadership

Center for American Civics

We explore why Constitution Day matters by comparing the U.S. Constitution to the rulebook of a sports team, showing how both prevent chaos and establish fair play. On September 17, 1787, the founders created not just a document but a revolutionary system where power comes from the people rather than kings or rulers.

• The Constitution serves as America's rulebook, similar to how sports teams need rules to function
• Signed on September 17, 1787, the Constitution established how our new country would operate
• Revolutionary concept that power comes from "We the People" instead of kings
• The U.S. Constitution is the oldest written national constitution still in use today (230+ years)
• The document can be amended when needed, as demonstrated by the Bill of Rights
• Many schools celebrate by having students read the preamble aloud
• Constitution Day is especially meaningful for new citizens taking their oath of citizenship
• The Constitution represents a promise that our government is built by the people and for the people

Check Out the Civic Literacy Curriculum!

School of Civic and Economic Thought and Leadership

Center for American Civics