What Is the Meaning of Manifest Tenor?
Manifest tenor is a phrase drawn from the writing of Alexander Hamilton. In Number 78 of the Federalist Papers, Hamilton writes that the judicial branch of the United States government should overturn any law that is "contrary to the manifest tenor of the Constitution." Hamilton's arguments are considered an advocacy for a judicial review process that gives the courts the authority to overturn laws that do not meet the test of abiding by the principles of the Constitution.
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The Federalist No. 78
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Alexander Hamilton wrote No. 78 in the Federalist Papers on June 14, 1788. It argues for a strong judiciary branch operating independently from the other two branches of government. This judiciary was to be empowered to declare void any legislative action that is contrary to the "manifest tenor" of the Constitution.
Meaning of Manifest Tenor
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According to the Liberty Fund, the phrase manifest tenor, as used by Hamilton, means the "constitution ought to be the standard of construction for the laws." The courts are charged with making the decision as to what laws meet the test of the Constitution's principles.
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What it Means Today
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The phrase manifest tenor is part of the most famous and influential argument for the judicial review and the power of the Supreme Court to void laws falling outside the confines of the Constitution. This principle is part of our national system of government and gives the courts the responsibility of interpreting and validating any law based on the guidelines of the Constitution.
The Courts
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The courts are charged with interpreting the Constitution and its "manifest tenor." The courts have, at different times, interpreted the Constitution in different ways. The justices of the courts make that interpretation based on their own beliefs and standards. This makes the nomination of court justices important in the way laws are interpreted and even reversed.
Judicial Independence
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The principle of judicial review also requires an independent judicial branch operating separately from the executive and legislative branches of government. It also requires judges be named to the bench for life upon their good behavior. This created an organization that could review the laws generated by the legislative branch without fear of control.
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