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The Federalist Papers, No. 78 by Alexander Hamilton: The Federalist Papers, No. 78 by Alexander Hamilton, List 2

Published on May 28, 1788, this essay discusses the judicial framework of the new U.S. government.

This list covers vocabulary from paragraphs 9–15 of the text.

Here are links to our lists for this collection: List 1, List 2, List 3, List 4

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Full list of words from this list:

words only definitions & notes
  1. ex post facto
    affecting things past
    By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex-post-facto laws, and the like.
  2. manifest
    clearly revealed to the mind or the senses or judgment
    Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void.
  3. tenor
    the general meaning or substance of an utterance
    Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void.
  4. ascertain
    learn or discover with confidence
    A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.
  5. irreconcilable
    impossible to bring into accord
    If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
  6. discretion
    freedom to act or judge on one's own
    This exercise of judicial discretion, in determining between two contradictory laws, is exemplified in a familiar instance.
  7. enjoin
    give instructions to or direct somebody to do something
    It is a rule not enjoined upon the courts by legislative provision, but adopted by themselves, as consonant to truth and propriety, for the direction of their conduct as interpreters of the law.
  8. consonant
    in keeping
    It is a rule not enjoined upon the courts by legislative provision, but adopted by themselves, as consonant to truth and propriety, for the direction of their conduct as interpreters of the law.
  9. derivative
    not original; secondary
    But in regard to the interfering acts of a superior and subordinate authority, of an original and derivative power, the nature and reason of the thing indicate the converse of that rule as proper to be followed.
  10. converse
    turned about in order or relation
    But in regard to the interfering acts of a superior and subordinate authority, of an original and derivative power, the nature and reason of the thing indicate the converse of that rule as proper to be followed.
Created on 六月 1, 2026 (updated 八月 25, 2026)

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