# LXXIX: The Judiciary Continued explained — The Federalist Papers

> Chapter companion for The Federalist Papers by Alexander Hamilton.

## What happens

Hamilton argues that fixed compensation for judges, which cannot be diminished during their tenure, is essential for judicial independence. He contrasts this with the President's salary, which can neither be increased nor diminished, and explains the rationale based on the life tenure of judges. He also discusses impeachment as the sole mechanism for removal, rejecting a provision for removal due to inability as impractical and prone to abuse, and criticizes age-based retirement mandates like New York's.

## Themes in this chapter

### Separation of Powers and Checks and Balances

Hamilton emphasizes that judicial independence requires separation from legislative control over compensation, preventing legislative encroachment.

### Constitutional Interpretation and Authority

The essay defends the Constitution's specific provision for judicial salaries as a model of prudence and efficacy.

### Human Nature and the Capacity for Self-Government

Hamilton invokes human nature to argue that control over subsistence equals control over will, necessitating fixed judicial compensation.

## Character check-ins

### Publius

Author of the essay, addressing the people of New York on judicial independence.

### Alexander Hamilton

Attributed as the author of Federalist No. 79, arguing for fixed judicial compensation.

### Congress

Legislative body that may alter judicial salaries but cannot diminish them during a judge's tenure.

### The Senate

Tries impeachments of judges for malconduct.

### The Judges

Recipients of fixed compensation and subject to impeachment; their independence is protected by the Constitution.

## Key lines

> In the general course of human nature, a power over a man’s subsistence amounts to a power over his will.

As a rule, controlling someone's livelihood gives you control over their decisions.

_Hamilton uses this principle to argue that judges must have guaranteed salaries to remain independent._

> The plan of the convention accordingly has provided that the judges of the United States 'shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office.'

The Constitution ensures judges are paid regularly and that their pay cannot be reduced while they serve.

_This is the key constitutional provision Hamilton defends._

> The mensuration of the faculties of the mind has, I believe, no place in the catalogue of known arts.

Measuring mental abilities is not a recognized skill.

_Hamilton argues against removal for inability because it is impossible to objectively assess._

## Links

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