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  • Federal Farmer I and II

     |  Rethinking Union and Government

    Letters I and II Letters I and II 1 Federal Farmer Alexander Hamilton acknowledged the Federal Farmer—believed to be either New Yorker Melancton Smith or Virginian Richard Henry Lee—as "the most plausible" Anti-Federalist. Here, the Federal Farmer argues that the federalism of the Constitution is a mirage, for it sets up a structure in which all power will flow to the center. October 8, 1787 Letter I Dear Sir: ...The present moment discovers a new face in our affairs. Our object has been all along, to reform our federal system, and to strengthen our governments—to establish peace, order and justice in the community—but a new object now presents. The plan of government now proposed is evidently calculated totally to change, in time, our ...

  • The Farmer Refuted

     |  Natural Rights/American Revolution

    The Farmer Refuted The Farmer Refuted 1 Alexander Hamilton (1755-1804) When Loyalist writings began to appear in New York newspapers in 1775, nineteen-year-old Hamilton responded with an essay defending the colonists' right of revolution. Still a student at King's College, he followed up with this second pamphlet, expanding his argument on the purpose of legitimate government. February 23, 1775 I shall, for the present, pass over to that part of your pamphlet, in which you endeavor to establish the supremacy of the British Parliament over America. After a proper eclaircissement of this point, I shall draw such inferences, as will sap the foundation of every thing you have offered. The first thing that presents itself is a wish, that "I ...

  • Federalist 1

     |  Rethinking Union and Government

    Federalist 1 Federalist 1 1 Alexander Hamilton By the time the members of the New York ratifying convention gathered in June 1788, ratification had succeeded in eight states—only one shy of the nine required. The pro-ratification Federalist Party in New York was weak, outnumbered at the convention by more than two to one. Hamilton, sensing the danger posed by attacks on the Constitution that had been published in newspapers across the state, suggested to James Madison and John Jay that the three of them write a series of essays defending and explaining the Constitution. Published under the pen name "Publius" in three New York City newspapers beginning in October 1787, The Federalist was called by Thomas Jefferson "the best commentary on the principles of ...

  • Federalist 15

     |  Rethinking Union and Government

    Federalist 15 Federalist 15 1 Alexander Hamilton Echoing earlier critiques of the Articles of Confederation, Publius disputes the notion that the national government must be weak in order for liberty to be secured. December 1, 1787 The Insufficiency of the Present Confederation to Preserve the Union In the course of the preceding papers I have endeavored, my fellow-citizens, to place before you in a clear and convincing light the importance of Union to your political safety and happiness. I have unfolded to you a complication of dangers to which you would be exposed, should you permit that sacred knot which binds the people of America together to be severed or dissolved by ambition or by avarice, by jealousy or by misrepresentation. In ...

  • Federalist 84

     |  Rethinking Union and Government

    Federalist 84 Federalist 84 1 Alexander Hamilton Although New York had ratified the Constitution by the time this essay was published, the debate it addresses lived on. The original Constitution did not include what came to be known as the Bill of Rights. Many Anti-Federalists ended up supporting the Constitution because of the concession made in some states that the first Congress would adopt a Bill of Rights. Publius here makes no such concession, arguing that a listing of rights would be potentially dangerous. In the end, Publius lost this battle, and even James Madison, despite his earlier opposition, ended up championing the Bill of Rights. August 9, 1788 Certain General and Miscellaneous Objections to the Constitution Considered and Answered ...

  • Federalist 70

     |  Three Branches of Government

    Federalist 70 Federalist 70 1 Alexander Hamilton To prevent the president from becoming monarchical, Anti-Federalists recommended a plural executive, shorter terms, and a one-term limit. Publius argues for the presidency as structured in the Constitution, and explains the necessity of an energetic executive. March 14, 1788 The Executive Department Further Considered There is an idea, which is not without its advocates, that a vigorous executive is inconsistent with the genius of republican government. The enlightened well-wishers to this species of government must at least hope that the supposition is destitute of foundation; since they can never admit its truth, without at the same time admitting the condemnation of their own principles ...

  • Federalist 72

     |  Three Branches of Government

    Federalist 72 Federalist 72 1 Alexander Hamilton Anti-Federalists argued that an executive without term limits could, through demagoguery, keep office for as long as he could manipulate the public. Publius counters that re-eligibility will encourage good behavior. Subsequently, the Twenty-Second Amendment, enacted in 1951, limited the presidency to two terms. March 21, 1788 The Same Subject Continued, and Re-eligibility of the Executive Considered The administration of government, in its largest sense, comprehends all the operations of the body politic, whether legislative, executive, or judiciary; but in its most usual and perhaps its most precise signification, it is limited to executive details, and falls peculiarly within the province ...

  • Federalist 78

     |  Three Branches of Government

    Federalist 78 Federalist 78 1 Alexander Hamilton Defending the idea of judicial review—the authority of the courts to declare a law unconstitutional—Publius denies that it leads to judicial supremacy. The courts must never substitute "will" for "judgment," as all branches of government answer to the Constitution. June 14, 1788 The Judiciary Department We proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged as the propriety of the institution in the abstract is not disputed; the only questions which ...

  • An Election Sermon

     |  Natural Rights/American Revolution

    An Election Sermon An Election Sermon 1 Gad Hitchcock (1718-1803) Pastors and ministers were among the highest educated citizens in the American colonies, and often addressed politics from the pulpit. This sermon by Hitchcock was delivered on election day in 1774, in the presence of General Thomas Gage, the British military governor of the Province of Massachusetts Bay. It decries British monarchical rule and celebrates the idea of the consent of the governed, appealing to reason as well as revelation. 1774 ...In a mixed government, such as the British, public virtue and religion, in the several branches, though they may not be exactly of a mind in every measure, will be the security of order and tranquility—Corruption and venality, the certain ...

  • A Summary View of the Rights of British America

     |  Natural Rights/American Revolution

    A Summary View of the Rights of British America A Summary View of the Rights of British America 1 Thomas Jefferson Jefferson began his public career in 1769 in the Virginia House of Burgesses, the colonial legislature. British implementation of the Coercive Acts of 1774 (also known as the Intolerable Acts)—passed in response to the Boston Tea Party—prompted the "Summary View," Jefferson's first publication. Written for Virginians who were choosing delegates to the First Continental Congress, it laid the groundwork for later appeals by a "free people, claiming their rights as derived from the laws of nature." July 1774 Resolved, that it be an instruction to the said deputies when assembled in General Congress with the deputies from the other ...

  • Query XIII: Constitution

     |  Articles of Confederation

    Query XIII: Constitution Notes on the State of Virginia, Query XIII: Constitution 1 Thomas Jefferson Virginia, the most populous state, adopted its state constitution in 1776, a month before the Declaration of Independence passed Congress. Jefferson, Virginia's governor from 1779 to 1781, addressed the problems that plagued the state's first attempt at self-government in his 1784 book, Notes on the State of Virginia. 1784 The Constitution of the State and its Several Charters ...This constitution was formed when we were new and unexperienced in the science of government. It was the first, too, which was formed in the whole United States. No wonder then that time and trial have discovered very capital defects in it. 1. The majority of the men in the ...

  • On Property

     |  Religion, Morality, and Property

    On Property On Property 1 James Madison Madison, known as the "Father of the Constitution," was elected from Virginia to the U.S. House of Representatives in 1788, where he served four terms. This essay, which then-Congressman Madison wrote for a New York newspaper, connects the idea of property rights as commonly understood to man's natural rights, culminating in the right of conscience. March 29, 1792 This term in its particular application means "that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual." In its larger and juster meaning, it embraces every thing to which a man may attach a value and have a right; and which leaves to every one else the like advantage ...

  • Vices of the Political System of the United States

     |  Articles of Confederation

    Vices of the Political System of the United States Vices of the Political System of the United States 1 James Madison In this essay, Madison outlines the main issues that the Constitutional Convention should address. His early arrival in Philadelphia allowed him to incorporate his ideas into a recommended plan for the Convention—what came to be called the Virginia Plan—representing no mere revision of the Articles of Confederation, but the adoption of an entirely new Constitution. April 1787 1. Failure of the States to comply with the Constitutional requisitions. This evil has been so fully experienced both during the war and since the peace, results so naturally from the number and independent authority of the States and has been so uniformly ...

  • Federalist 10

     |  Rethinking Union and Government

    Federalist 10 Federalist 10 1 James Madison Whereas democracy entails direct rule of the people, in a republic the people rule indirectly, through their representatives. A republic can therefore encompass a greater population and geographical area. This difference is decisive in the American experiment, Publius argues, for an expansive republic is able to control the inherent danger of majority faction. November 22, 1787 The Union as a Safeguard Against Domestic Faction and Insurrection Among the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their ...

  • Federalist 40

     |  Rethinking Union and Government

    Federalist 40 Federalist 40 1 James Madison In creating the Constitution, the Constitutional Convention overstepped its mandate, which was to amend the Articles of Confederation. Publius cannot dispute this. Instead, he appeals to the principles of the Declaration of Independence to support the Convention's work. January 18, 1788 The Powers of the Convention to Form a Mixed Government Examined and Sustained The second point to be examined is whether the convention were authorized to frame and propose this mixed Constitution. The powers of the convention ought, in strictness, to be determined by an inspection of the commissions given to the members by their respective constituents. As all of these, however, had reference either to the ...

  • Federalist 47

     |  Rethinking Union and Government

    Federalist 47 Federalist 47 1 James Madison Anti-Federalists argued that the Constitution violated the maxim of the French political philosopher Montesquieu that the three branches of government should be "separate and distinct" in order to guard against tyranny. Using Montesquieu's own examples and the examples of American state constitutions, Publius refutes the idea that partial overlap of the branches is dangerous to liberty. January 30, 1788 The Particular Structure of the New Government and the Distribution of Power Among its Different Parts Having reviewed the general form of the proposed government and the general mass of power allotted to it, I proceed to examine the particular structure of this government, and the distribution ...

  • Federalist 51

     |  Rethinking Union and Government

    Federalist 51 Federalist 51 1 James Madison Publius argues that the Constitution will maintain separation of powers by means of its "interior structure." The "great security" against tyranny is to give the members of each department the "necessary constitutional means" combined with the requisite "personal motives" to resist encroachments on their power. The fact "that such devices should be necessary to control the abuses of government" is a "reflection on human nature." February 6, 1788 The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments To what expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments as ...

  • Federalist 53

     |  Three Branches of Government

    Federalist 53 Federalist 53 1 James Madison Publius often returns to the problem posed by majority tyranny. Here he expresses his preference for biennial over annual elections. February 9, 1788 The Same Subject Continued: The House of Representatives I shall here, perhaps, be reminded of a current observation "that where annual elections end, tyranny begins." If it be true, as has often been remarked, that sayings which become proverbial are generally founded in reason, it is not less true that when once established they are often applied to cases to which the reason of them does not extend. I need not look for a proof beyond the case before us. What is the reason on which this proverbial observation is founded? No man will subject himself ...

  • Federalist 55

     |  Three Branches of Government

    Federalist 55 Federalist 55 1 James Madison Under the Constitution's original formula, the House would have sixty-five members. This number was too small according to Anti-Federalists. Publius employs a number of arguments to demonstrate that the ratio of elected representatives to constituents is prudent. February 13, 1788 The Total Number of the House of Representatives The number of which the House of Representatives is to consist forms another and a very interesting point of view under which this branch of the federal legislature may be contemplated. Scarce any article, indeed, in the whole Constitution seems to be rendered more worthy of attention by the weight of character and the apparent force of argument with which it has been ...

  • Federalist 57

     |  Three Branches of Government

    Federalist 57 Federalist 57 1 James Madison Publius explains the necessity of virtue in elected representatives and of a spirit of manly vigilance in the American people. February 19, 1788 The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Considered in Connection with Representation The third charge against the House of Representatives is that it will be taken from that class of citizens which will have least sympathy with the mass of the people, and be most likely to aim at an ambitious sacrifice of the many to the aggrandizement of the few. Of all the objections which have been framed against the federal Constitution, this is perhaps the most extraordinary. Whilst the objection itself is leveled against ...
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