(2.9) Federalist No. 78

"It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each. So if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution; or conformably to the Constitution, disregarding the law; the Court must determine which of these conflicting rules governs the case. This is of the essence of judicial duty."
-Excerpt from Federalist No. 78 (by Alexander Hamilton

Analyze the excerpt from Federalist No. 78 by Alexander Hamilton in the context of the American judicial system and democratic principles.

Identify the concept of judicial review.

Compare the perspective on judicial independence in Federalist No. 78 with Federalist No. 70, and discuss how these perspectives contribute to the separation of powers and checks and balances in the U.S. Constitution.

Apply the principle of judicial review, as described in Federalist No. 78, to one of the fourteen required Supreme Court cases to demonstrate how the Court has interpreted its role in the balance of powers among the three branches of government.

Explain how the principles outlined in Federalist No. 78 support theories of democratic government, specifically focusing on how judicial review can be seen as a safeguard for minority rights against the tyranny of the majority.