Supreme Court nominee Brett Kavanaugh on Wednesday ran through a list of his favorite Federalist Papers, the essays written in 1788 by some the nation’s Founding Fathers in a bid to ratify the Constitution.
“I like a lot of Federalist Papers,” Kavanaugh said after Sen. Mike Lee, R-Utah, asked him which his favorites were. “Federalist 78, of course, the independent judiciary, the role of the judiciary. Federalist 69, which says the presidency is not a monarchy, it’s very important when [Alexander] Hamilton explains all the ways in which the presidency is not a monarchy in our constitutional system. I think that’s very important.”
“Federalist 10, which talks about factions in America, and explains that having the separation of powers in the federalism system, dividing power in so many different ways, would help prevent a faction from gaining control of … all the power,” he added. He said that article can make it hard to pass new legislation, but said it’s aimed at preserving individual liberty.
He listed Federalist 37 and 39, which deal with the precise form of the U.S. government. He praised the “genius” of having both a national government and state governments, and then different forms of legislative bodies within the federal government by setting up a proportional House and a Senate that is based on state representatives.
“Federalist 47 … the accumulation of all power in one body is the very definition of tyranny,” Kavanaugh continued. “51, if men were angels we wouldn’t need government.”
“So, sorry, I’ve got like eight kids …” Kavanaugh said as he stopped himself. Lee called his summation a “greatest hits list” of Federalist Papers.
[Also read: Kavanaugh: Brown v. Board of Education ‘single greatest moment in Supreme Court history’]
