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Association: Name: Southern Political Science Association URL: http://www.spsa.net
Citation: URL: http://www.allacademic.com/meta/p206667_index.html Direct Link: HTML Code:

Geisler, William. "Judgement, Force, and Will - James Wilson & Alexander Hamilton on Judical Review and Judical Supremacy" Paper presented at the annual meeting of the Southern Political Science Association, Hotel Intercontinental, New Orleans, LA, Jan 09, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p206667_index.html>

Geisler, W. R. , 2008-01-09 "Judgement, Force, and Will - James Wilson & Alexander Hamilton on Judical Review and Judical Supremacy" Paper presented at the annual meeting of the Southern Political Science Association, Hotel Intercontinental, New Orleans, LA Online <PDF>. 2009-05-23 from http://www.allacademic.com/meta/p206667_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: This paper clarifies and illuminates the understanding of the proper role and function of the judiciary in republican government as put forth by James Wilson, in his Lectures on Law, and Alexander Hamilton, in the Federalist. I attempt to bring out the nuances of their presentations to show the way their advanced political minds navigate the theoretical and rhetorical challenges inherent in advocating judicial review and judicial supremacy in Republican government. I argue though a close analysis of the aforementioned texts, that both Wilson and Hamilton are fierce advocates for both the reviewing power and supremacy of the judiciary. They argue that the judiciary must not only apply the Constitution to legislative statutes, but also has the duty and prerogative to apply the unwritten laws of nature and reason. Because of the influence of Blackstone’s defense of the omnipotence of the legislative branch, both Wilson, and to a greater degree, Hamilton, have to defend judicial review and supremacy, whose origins can be found in the writings of Edward Coke, somewhat esoterically. I show the various rhetorical strategies employed by Wilson in his Lectures on Law and by Hamilton in the Federalist. Hamilton rhetorical is especially instructive in the way in which he explicitly emphasizes the judiciary’s weakness while at the same time implicitly arguing for its unchallenged supremacy. Once the true intent of Hamilton’s treatment is understood, I show how it is only with this understanding that we can begin to make sense of Hamilton’s rejection of a Bill of Rights in Federalist 84.

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