Federalist #81

The Judiciary Continued, and the Distribution of the Judicial Authority  (Hamilton)

This article deals with the authority between the different courts in the United States and their relationship with one another. Hamilton starts by asserting that it is settled that there should be one court that has the final word on cases, such as the Supreme Court. 

The issue Hamilton is addressing concerns the suggestion that the final judicial power should not reside in a judiciary but in a part of the legislature as in Great Britain. Hamilton counters by first remarking that the Supreme Court has no more power than the courts of final resort in the several states. Next, Hamilton writes that it is absurd to expect justice from men chosen for a temporary period and notes that there is a decided difference between the mindset of a legislator and that of a judge.

Next, Hamilton handles the necessity of  having lower federal courts. First, Hamilton asserts that it is common sense that there be lower federal courts since it would remove the need for the Supreme Court to involve itself in every federal case. Hamilton addressed next the suggestion that state courts could serve the same function as these lower federal courts. Hamilton writes that the strongest argument against doing so is that it is uncertain whether the local spirit of a place would overcome national causes. 

Next, Hamilton asserts his suggestions as to how the inferior courts should be established (divide the country into four or five districts and place a federal court in each district). Lastly, Hamilton argues that the appellate jurisdiction of the Supreme Court would allow the court to listen to matters of fact but only in limited cases and in such restrictions as found in the courts of last resort in each state.