In Federalist No. 78, which statement did Hamilton make about the Supreme Court?

• A. It is the most powerful branch
• B. It should be the first branch of government
• C. It is the least dangerous branch
• D. It has the sole power of judicial review

Answer: (C)

The main idea here is the nature of the judiciary's power. In Federalist No. 78, Hamilton argues that the Supreme Court is the least dangerous branch because it has no control over the military or the purse. It cannot enforce its decisions on its own or make laws; it can only interpret laws and render judgments. Its influence rests on the obedience of the other branches and the public, plus its independence—protected by lifetime tenure—so that judges aren’t swayed by politics. This combination—no direct means of coercion and reliance on others to execute its rulings—makes the judiciary the weakest branch, but also a crucial check on legislative power.

The other statements miss what Hamilton was emphasizing. He didn’t claim the Court would be the most powerful or the first branch, and while the Court would exercise the power to interpret laws and assess their constitutionality, he didn’t describe it as having sole power of judicial review in the way later developments would formalize it. The idea he presents is that while the judiciary serves as a check by interpreting the law, it remains the least dangerous because it cannot enforce its will without the cooperation of the other branches.