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Federalist Papers

By: History.com Editors

Updated: June 22, 2023 | Original: November 9, 2009

HISTORY: Federalist Papers

The Federalist Papers are a collection of essays written in the 1780s in support of the proposed U.S. Constitution and the strong federal government it advocated. In October 1787, the first in a series of 85 essays arguing for ratification of the Constitution appeared in the Independent Journal , under the pseudonym “Publius.” Addressed to “The People of the State of New York,” the essays were actually written by the statesmen Alexander Hamilton , James Madison and John Jay . They would be published serially from 1787-88 in several New York newspapers. The first 77 essays, including Madison’s famous Federalist 10 and Federalist 51 , appeared in book form in 1788. Titled The Federalist , it has been hailed as one of the most important political documents in U.S. history.

Articles of Confederation

As the first written constitution of the newly independent United States, the Articles of Confederation nominally granted Congress the power to conduct foreign policy, maintain armed forces and coin money.

But in practice, this centralized government body had little authority over the individual states, including no power to levy taxes or regulate commerce, which hampered the new nation’s ability to pay its outstanding debts from the Revolutionary War .

In May 1787, 55 delegates gathered in Philadelphia to address the deficiencies of the Articles of Confederation and the problems that had arisen from this weakened central government.

A New Constitution

The document that emerged from the Constitutional Convention went far beyond amending the Articles, however. Instead, it established an entirely new system, including a robust central government divided into legislative , executive and judicial branches.

As soon as 39 delegates signed the proposed Constitution in September 1787, the document went to the states for ratification, igniting a furious debate between “Federalists,” who favored ratification of the Constitution as written, and “Antifederalists,” who opposed the Constitution and resisted giving stronger powers to the national government.

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How Did Magna Carta Influence the U.S. Constitution?

The 13th‑century pact inspired the U.S. Founding Fathers as they wrote the documents that would shape the nation.

The Founding Fathers Feared Political Factions Would Tear the Nation Apart

The Constitution's framers viewed political parties as a necessary evil.

Checks and Balances

Separation of Powers The idea that a just and fair government must divide power between various branches did not originate at the Constitutional Convention, but has deep philosophical and historical roots. In his analysis of the government of Ancient Rome, the Greek statesman and historian Polybius identified it as a “mixed” regime with three branches: […]

The Rise of Publius

In New York, opposition to the Constitution was particularly strong, and ratification was seen as particularly important. Immediately after the document was adopted, Antifederalists began publishing articles in the press criticizing it.

They argued that the document gave Congress excessive powers and that it could lead to the American people losing the hard-won liberties they had fought for and won in the Revolution.

In response to such critiques, the New York lawyer and statesman Alexander Hamilton, who had served as a delegate to the Constitutional Convention, decided to write a comprehensive series of essays defending the Constitution, and promoting its ratification.

Who Wrote the Federalist Papers?

As a collaborator, Hamilton recruited his fellow New Yorker John Jay, who had helped negotiate the treaty ending the war with Britain and served as secretary of foreign affairs under the Articles of Confederation. The two later enlisted the help of James Madison, another delegate to the Constitutional Convention who was in New York at the time serving in the Confederation Congress.

To avoid opening himself and Madison to charges of betraying the Convention’s confidentiality, Hamilton chose the pen name “Publius,” after a general who had helped found the Roman Republic. He wrote the first essay, which appeared in the Independent Journal, on October 27, 1787.

In it, Hamilton argued that the debate facing the nation was not only over ratification of the proposed Constitution, but over the question of “whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.”

After writing the next four essays on the failures of the Articles of Confederation in the realm of foreign affairs, Jay had to drop out of the project due to an attack of rheumatism; he would write only one more essay in the series. Madison wrote a total of 29 essays, while Hamilton wrote a staggering 51.

Federalist Papers Summary

In the Federalist Papers, Hamilton, Jay and Madison argued that the decentralization of power that existed under the Articles of Confederation prevented the new nation from becoming strong enough to compete on the world stage or to quell internal insurrections such as Shays’s Rebellion .

In addition to laying out the many ways in which they believed the Articles of Confederation didn’t work, Hamilton, Jay and Madison used the Federalist essays to explain key provisions of the proposed Constitution, as well as the nature of the republican form of government.

'Federalist 10'

In Federalist 10 , which became the most influential of all the essays, Madison argued against the French political philosopher Montesquieu ’s assertion that true democracy—including Montesquieu’s concept of the separation of powers—was feasible only for small states.

A larger republic, Madison suggested, could more easily balance the competing interests of the different factions or groups (or political parties ) within it. “Extend the sphere, and you take in a greater variety of parties and interests,” he wrote. “[Y]ou make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens[.]”

After emphasizing the central government’s weakness in law enforcement under the Articles of Confederation in Federalist 21-22 , Hamilton dove into a comprehensive defense of the proposed Constitution in the next 14 essays, devoting seven of them to the importance of the government’s power of taxation.

Madison followed with 20 essays devoted to the structure of the new government, including the need for checks and balances between the different powers.

'Federalist 51'

“If men were angels, no government would be necessary,” Madison wrote memorably in Federalist 51 . “If angels were to govern men, neither external nor internal controls on government would be necessary.”

After Jay contributed one more essay on the powers of the Senate , Hamilton concluded the Federalist essays with 21 installments exploring the powers held by the three branches of government—legislative, executive and judiciary.

Impact of the Federalist Papers

Despite their outsized influence in the years to come, and their importance today as touchstones for understanding the Constitution and the founding principles of the U.S. government, the essays published as The Federalist in 1788 saw limited circulation outside of New York at the time they were written. They also fell short of convincing many New York voters, who sent far more Antifederalists than Federalists to the state ratification convention.

Still, in July 1788, a slim majority of New York delegates voted in favor of the Constitution, on the condition that amendments would be added securing certain additional rights. Though Hamilton had opposed this (writing in Federalist 84 that such a bill was unnecessary and could even be harmful) Madison himself would draft the Bill of Rights in 1789, while serving as a representative in the nation’s first Congress.

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Ron Chernow, Hamilton (Penguin, 2004). Pauline Maier, Ratification: The People Debate the Constitution, 1787-1788 (Simon & Schuster, 2010). “If Men Were Angels: Teaching the Constitution with the Federalist Papers.” Constitutional Rights Foundation . Dan T. Coenen, “Fifteen Curious Facts About the Federalist Papers.” University of Georgia School of Law , April 1, 2007. 

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The Federalist

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Federalist papers , series of 85 essays on the proposed new Constitution of the United States and on the nature of republican government , published between 1787 and 1788 by Alexander Hamilton , James Madison , and John Jay in an effort to persuade New York state voters to support ratification. Seventy-seven of the essays first appeared serially in New York newspapers, were reprinted in most other states, and were published in book form as The Federalist on May 28, 1788; the remaining eight essays appeared in New York newspapers between June 14 and August 16, 1788.

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All the papers appeared over the signature “Publius,” and the authorship of some of the papers was once a matter of scholarly dispute . However, computer analysis and historical evidence has led nearly all historians to assign authorship in the following manner: Hamilton wrote numbers 1, 6–9, 11–13, 15–17, 21–36, 59–61, and 65–85; Madison , numbers 10, 14, 18–20, 37–58, and 62–63; and Jay, numbers 2–5 and 64.

Gutzon Borglum. Presidents. Sculpture. National park. George Washington. Thomas Jefferson. Theodore Roosevelt. Abraham Lincoln. Mount Rushmore National Memorial, South Dakota.

The authors of the Federalist papers presented a masterly defense of the new federal system and of the major departments in the proposed central government. They also argued that the existing government under the Articles of Confederation , the country’s first constitution, was defective and that the proposed Constitution would remedy its weaknesses without endangering the liberties of the people.

As a general treatise on republican government, the Federalist papers are distinguished for their comprehensive analysis of the means by which the ideals of justice , the general welfare , and the rights of individuals could be realized. The authors assumed that people’s primary political motive is self-interest and that people—whether acting individually or collectively—are selfish and only imperfectly rational. The establishment of a republican form of government would not of itself provide protection against such characteristics: the representatives of the people might betray their trust; one segment of the population might oppress another; and both the representatives and the public might give way to passion or caprice . The possibility of good government, they argued, lay in the crafting of political institutions that would compensate for deficiencies in both reason and virtue in the ordinary conduct of politics. This theme was predominant in late 18th-century political thought in America and accounts in part for the elaborate system of checks and balances that was devised in the Constitution.

The authors of the Federalist papers argued against the decentralization of political authority under the Articles of Confederation. They worried, for example, that national commercial interests suffered from intransigent economic conflicts between states and that federal weakness undermined American diplomatic efforts abroad. Broadly, they argued that the government’s impotence under the Articles of Confederation obstructed America’s emergence as a powerful commercial empire.

The authors were also critical of the power assumed by state legislatures under the Articles of Confederation—and of the characters of the people serving in those assemblies. In the authors’ view, the farmers and artisans who rose to power in postrevolutionary America were too beholden to narrow economic and regional interests to serve the broader public good. Of particular concern to the authors was the passage by state legislatures of pro-debtor legislation and paper money laws that threatened creditors’ property rights . Unlike most Americans of the period, who typically worried about the conspiracies of the elite few against the liberties of the people, the authors were concerned about tyrannical legislative majorities threatening the rights of propertied minorities. The Articles of Confederation, in their view, had provided no safeguards against the vices of the people themselves, and the American Revolution’s enthusiasm for liberty had diminished popular appreciation of the need for good governance. The Federalist papers presented the 1786–87 insurrection of debtor farmers in western Massachusetts— Shays’s Rebellion —as a symptom of this broader crisis.

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The authors of the Federalist papers argued for an increase in the “energy” of the federal government to respond to this crisis. However, the national government’s increased power would have to be based in republican principles and retain a federal distribution of power; there would be no return to monarchical rule or consolidation of central authority.

In one of the most notable essays, “Federalist 10,” Madison rejected the then common belief that republican government was possible only for small states. He argued that stability, liberty, and justice were more likely to be achieved in a large area with a numerous and heterogeneous population. Although frequently interpreted as an attack on majority rule, the essay is in reality a defense of both social, economic, and cultural pluralism and of a composite majority formed by compromise and conciliation. Decision by such a majority, rather than by a monistic one, would be more likely to accord with the proper ends of government. This distinction between a proper and an improper majority typifies the fundamental philosophy of the Federalist papers; republican institutions, including the principle of majority rule, were not considered good in themselves but were good because they constituted the best means for the pursuit of justice and the preservation of liberty.

The American Founding

The Federalist Papers: An Essay-by-summary

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Federalist 1: The Challenge and the Outline

Hamilton says Americans have the opportunity and obligation to “decide the important question” can “good government” be established by “reflection and choice,” or is mankind “forever destined to depend for their political constitutions on accident and force.”  

To assist “our deliberations,” he provides an outline of topics to be covered “in a series of papers.” 1) “The utility of the union,” 2) the “insufficiency” of the Articles of Confederation, 3) the minimum “energetic” government requirement, 4) “the true principles of republican government,” 5) the analogy of the proposed Constitution to the State governments, 6) and the added security “to republican government, to liberty, and to property” provided by the proposed Constitution. He concludes this essay on the “momentous decision”:  adopt the Constitution or dismember the Union.

To read the entire essay, click here.

Part II Federalist 2-14:  “The Utility of the Union”

Federalist 2.

Jay urges, in the first of four essays, “calm and mature inquiries and reflections” as well as “cool, uninterrupted, and daily consultation.” He supports “sedate and candid consideration” of the Constitution, the product of the “mature deliberation” that took place in the summer of 1787.  He favors the common ties of the Union and rejects the “novel idea” of seeking “safety and happiness” in three or four separate Confederacies.

Federalist 3

Domestic tranquillity and common defense, says Jay, are better served under one “cordial union” directed by “temperate and cool” policies, in accordance with the “wisdom and prudence” of one well-administered government, than under three or four confederacies.

Federalist 4

One government, continues Jay, efficiently run and well administered, discourages foreigners from invading. One good national government will attract competent people.  

Federalist 5

One government, Jay reiterates, discourages internal division and convulsion, as well as dangers from abroad.  He invites the reader to compare England, Scotland, and Wales united—formidable together– and disunited—formidable against each other.

Federalist 6

Hamilton argues that ambition, rage, jealousy, envy, and vicinity are the five causes of war and faction. Such is human nature: “momentary passions, and immediate interests, have a more active and imperious control over human conduct than general or remote considerations of policy, utility, or justice.”  Reject the “visionary” notions of “perpetual peace,” and that separate “commercial republics” are “pacific and well mannered.” 

Federalist 7

Hamilton argues that disunited, we will be drawn into European politics and Europe will be drawn into American politics.  There will be the usual territorial and commercial disputes if separated.  We won’t remain united under the Articles of Confederation.

Federalist 8

Hamilton details the consequences of being disunited, including the presence of vast standing armies at the borders of each State.  A united America, like the United Kingdom, will bring us the “safety from external danger …[which]…is the most powerful director of national conduct,” rather than the disunited and hostile states of Europe.

Federalist 9

Hamilton’s five improvements in “the science of politics” were “either not known at all, or imperfectly understood by the ancients.” They form the “broad and solid” foundation for the claim that America will succeed where previous regimes have failed.  The improvements are 1) legislative checks and balances, 2) the separation of powers, 3) an independent judiciary, 4) a scheme of representation, 5) “the enlargement of the orbit.” 

He suggests that concerning 5) it is not clear that Montesquieu has a definitive and relevant teaching on enlarging the orbit through federal arrangements. His distinctions seem “more subtle than accurate.” And he chooses the Lycian Confederacy as his favorite where there is no equality of suffrage among the members and no sharp line protecting “internal administration.” Anyway, our States are larger than the small republics he had in mind.  Thus, we need to move beyond the “oracle” Montesquieu’s understanding of federalism as a way of a) retaining the independence of small states deemed traditionally necessary for liberty and happiness yet b) joining such pre-existing entities together so that they can pool their resources for such limited goals as common defence.  We need a new and American understanding of “the enlargement of the orbit.” 

Federalist 10

This is the first essay by Madison in The Federalist. It contains twenty-three paragraphs.

β 1. The “violence of faction” is the “mortal disease” of popular governments. The public assemblies have been infected with the vice of majority tyranny: “measures are too often decided, not according to the rules of justice, and the rights of the minor party; but by the superior force of an interested and overbearing majority.”

β 2.  What is a faction?  “A number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” 

β  3. How can we cure “the mischiefs of faction?” We can either cure it by I) “removing its causes,” or II) “controlling its effects.” 

β  4. There are “two methods of removing the causes of faction”: I a) destroy “the liberty essential to its existence,” or I b) give “to every citizen the same opinions, the same passions, and the same interests.” 

β  5. I a) is a “remedy that is worse than the disease,” because it is “unwise.” It entails the abolition of liberty, “which is essential to political life.” 

β  6. I b) is “impracticable.” Opinions, passions, and interests are unlikely to be in harmony. “The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government.” And that leads to “the division of society into different interests and parties.” 

β  7.  Further consideration of I b).  “The latent causes of faction are thus sown in the nature of man.”  Thus, there are many sources of factions, “but the most common and durable source of factions has been the various and unequal distribution of property.”  The “regulation of these various and interfering interests,” that “grow up of necessity in civilized nations…forms the principal task of modern legislation and forms the spirit of party and faction in the necessary and ordinary operations of government.” 

β  8.  Further consideration of I b). Legislators, alas, tend to be “advocates and parties to the causes which they determine.” But “justice and the public good,” require “impartiality.” 

β  9.  Further consideration of I b).  “It is vain to say that enlightened statesmen will be able to adjust these clashing interests and render all subservient to the public good.  Enlightened statesmen will not always be at the helm.” 

β  10. Conclusion to I b) and the introduction to II.  “The inference to which we are brought is that [I] the causes of faction cannot be removed and that relief is only to be sought in the means of [II] controlling its effects .”

β  11. Further consideration of II) “controlling its effects.”  “The republican principle” of majority rule is the solution to minority faction.  But what if we have majority faction?  “To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and form of popular government, is then the great desideratum by which this form of government can be rescued from the opprobrium under which it has labored and be recommended to the esteem and adoption of mankind.” 

β  12.  The introduction of II a) and II b) as the solutions to majority faction. “Either [II a)] the existence of the same passion or interest in a majority at the same time must be prevented, or [II b)] the majority having such coexistent passion or interest, must be rendered by their number and local situation, unable to concert and carry into effect schemes of oppression.” 

β  13. The introduction of III, the form of government, to implement the solution.  Madison declares that III a) “pure democracy,” works against solutions II a) and II b.

β 14.  III b) “a republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect and promises the cure for which we are seeking.”  

β  15. “The two great points of difference between a democracy and a republic.” 

β  16.  The first difference III b)* is “to refine and enlarge the public views” by way of the election system.  The question is do we choose “small (IVa) or extensive (IVb) republics?” 

β  17. IV b) is better than IV a) because it provides “a greater probability of a fit choice” of representatives.

β  18. IV b) is better than IV a) because it “will be more difficult for unworthy candidates to practice the vicious arts by which elections are too often carried.” 

β  19. The Constitution “forms a happy combination” of IVa) and IVb): “the great and aggregate interests being referred to the national, the local and particular to the State legislatures.”

β  20. The second difference III b)** “is the greater number of citizens and extent of territory which may be brought within the compass of republican than of democratic government.” 

β  21. III b)** clinches the case for IV b) over IV a).

β  22. “The influence of factious leaders may kindle a flame within their particular States but will be unable to spread a general conflagration through the other States.”

β  23.  “In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican government.” 

Federalist 11

 “A unity of commercial, as well as political, interests can only result from a unity of government.” There is another advantage to union: “it belongs to us to vindicate the honor of the human race,” in Africa, Asia, and America.  With a strong union, we can restrain “the arrogant pretensions of the Europeans,” and “dictate the terms of the connection between the old and the new world.” They think, “dogs cease to bark in America.” 

Federalist 12

Agriculture, as well as commerce, will benefit from a strong union.  And experience shows that the interests of both are the same.  Besides, taxing agriculture and commerce is where government revenue comes from.  We need to union if we want government revenue.

Federalist 13

Through economies of scale, it is cheaper to run one government than it is to run thirteen governments or three confederacies.

Federalist 14

Madison concludes this section on “the necessity of the Union,” with a response to the Antifederalist critique that “the great extent of country which the Union embraces” exceeds “the practicable sphere of republican administration.”  Madison offers six arguments. 1) The American experiment rests on a) discovering the distinction between a republic and a democracy. This distinction—“the principle of representation” replaces the people meeting and governing on the spot—was unknown to the ancient world, and b) making “the discovery the basis of unmixed and extensive republics.” Thus “the natural limit of a republic” has been extended far beyond what was ever previously envisioned.  2) the general government “is limited to certain enumerated objects, which concern all the members of the republic.” 3) “intercourse throughout the Union will be facilitated by new improvements…[in]…communication.” 4) “Hearken not to the voice which petulantly tells you that the form of government recommended for your adoption is a novelty in the political world.” 5) The greatness of the people of America is that “they have not suffered a blind veneration for the past….To this manly spirit posterity will be indebted.” 6) Let us “deliberate and decide” whether to adopt “a new and more noble course,” namely, “the experiment of an extended republic.”  

Part III Federalist 15-22:  The “Insufficiency” of the Articles of Confederation

Federalist 15.

There is a “great and radical vice in the construction of the existing confederacy,” says Hamilton.  The structural “defect” of the confederacy is that it is a union of, by, for, and over states and not a government based on individuals.  “The great and radical vice in the construction of the existing confederation is the principle of LEGISLATION for STATES OR GOVERNMENTS, in their CORPORATE or COLLECTIVE CAPACITIES, and as contradistinguished from the INDIVIDUALS of whom they consist.”

He then asks the central question undergirding all the essays:  “why has government been instituted at all?”  The answer is:  “because the passions of men will not conform to the dictates of reason and justice without constraint.” Applied to the Articles, this answer suggests that “the ill-informed and prejudicial interference of particular administrators” in national issues ought to be of far greater concern than the other way around.

Federalist 16

The traditional federal principle—legislation over states in their collective political capacity–is anarchistic because it does not “address itself immediately to the hopes and fears of individuals.”  The laws of a Confederacy can only be enforced by a large standing army.  Thus we must adopt the principle of government over individuals for the people ought to be “the natural guardians of the Constitution.”  Hamilton introduces a brief introduction of judicial review and state nullification.

Federalist 17

Hamilton raises a question:  won’t the federal government be so powerful that it will encroach on the States?  No, The real problem is centrifugal and not centripetal.  The States have “a greater degree of influence” in every day matters such as the “ordinary administration of criminal and civil justice” and they are physically closer to the people. “Affections are weak in proportion to distance or diffusiveness of the object.” The objects of the federal government are limited to commerce, finance, negotiation, and war.  In the end, however, the people will throw their loyalty to the level of government that “administer their affairs with uprightness and prudence.”

Federalist 18

The first example of the traditional federal “disease” of anarchism: Greece.

Federalist 19

The second example of the traditional federal “disease” of anarchism:  Germanic.

Federalist 20

The third example of the traditional federal “disease” of anarchism:  Netherlands.

Federalist 21

Three initial “defects” of the Articles of Confederation are examined: 1) all powers of Congress are expressly delegated, 2) no guarantee for state governments and 3) quotas of contribution for raising revenue.

Federalist 22

Five additional “defects” of the Articles of Confederation are examined: 4) no power to regulate interstate commerce, 5) inadequate power to raise troops, 6) the equal representation of states, 7) no judiciary, and 8) inadequate method of ratification. 

Part IV Federalist 23-36: The minimum “energetic” government requirement

Federalist 23.

Hamilton announces the start of several essays dealing with three topics: “the objects to be provided for by a federal government, the quantity of power necessary to the accomplishment of those objects, (and) the persons upon whom that power ought to operate.”  He states that the objects of the federal government encompass, 1) common defense, 2) domestic tranquillity, 3) the regulation of commerce, and 4) relations with foreign nations. And he reminds his readers that it is impossible to foresee future “national exigencies.” Thus we need a degree of power—or energy–commensurate to the end in view.  He begins with 1) the war powers of the nation and declares them to be necessary and proper means to accomplishing the object of common defense. He finds the Antifederalist position to be an “absurdity”:  they support enlarged purposes but want limited powers! If it is safe to delegate the “object,” isn’t it safe to delegate the “power?”

Federalist 24

The object of 1) common defense receives further coverage.  Hamilton critiques, with the help of the observations a fictitious “stranger to our politics,” the objection to the presence of standing armies in time of peace. We live in a hostile world, says Hamilton. Anyway, the power over military establishments is lodged in Congress. The two-year appropriation process, he asserts, is the appropriate protection against the abuse of military power and the creation of “unnecessary military establishments.” He takes the opportunity to note that the Antifederalists have “misled” the electorate by exaggerating the presence of “bills of rights” that are “annexed” to State constitutions. 

Federalist 25

Further coverage of 1) common defense.  Why wait until a formal declaration of war, asks Hamilton, prior to initiating the raising of an army? Anyway, “the formal ceremony of declaring war has fallen into disuse.”  That “we must receive the blow before we could even prepare to return it,” is a “most extraordinary spectacle.” We ought to be “cautious about fettering the government with restrictions that cannot be observed” because “necessity” will prevail over a “parchment barrier.” If a breach, justified by necessity, becomes the norm, it will impair “the sacred reverence” for the “fundamental laws” 

Federalist 26

Further coverage of 1) common defense.  An additional defense of the two-year appropriation process as a check on the abuse of a standing army.  Don’t tie down the legislature with parchment barriers on the means for providing for the common defense. To accept the end, but restrain the means, is to display “a zeal for liberty more ardent than enlightened.”

Federalist 27

Coverage turns to 2) domestic tranquillity by way of 1) common defense.  Hamilton responds to the claim that the Constitution “cannot operate without the aid of a military force to execute its laws.” He lays down “a general rule…of confidence in and obedience to a government.”  The people will support government in “proportion to the goodness or badness of its administration.” He expects the American people will become more and more attached to the general government as it intermingles more in their daily lives.

Federalist 28

Further coverage of 2) domestic tranquillity. Hamilton repeats his maxim “that the means to be employed must be proportioned to the extent of the mischief.” Of course, the rule of law is generally the “admissible principle of republican government.” But there will be emergencies involving domestic insurrection and the general government may have to use force. This conforms to “that original right of self-defense which is paramount to all positive forms of government.” To think otherwise, is to engage in “the reveries” of naïve “political doctors.” But what if the general government or State governments abuse their power?  There are two lines of defense: 1) “the great extent of the country,” and 2) “the people, by throwing themselves into either scale, will infallibly make it preponderate.” 

Federalist 29

Further coverage of 2) domestic tranquillity. Hamilton argues for the existence of a well-regulated militia under the control of the general government.  He accuses the Antifederalists of “a striking incoherence:” they want neither a militia nor an army!  Is this “the inflammatory ravings if chagrined incendiaries or distempered enthusiasts?”

Federalist 30

Hamilton turns to 3) the regulation of commerce.  Once again he states the maxim that “every power ought to be proportionate to its object.” This time, he applies it to taxation: “money is, with propriety, considered the vital principle of the body politic.” He rejects the opposition proposal that the power of internal taxation be given to the States and the power of external taxation be given to the nation. This is romantic poetry.

Federalist 31

Further coverage of 3) the regulation of commerce. He repeats his point that the general government should not be excluded ahead of time from exercising certain means of raising revenue since the world is full of contingency. Moreover, there are certain “maxims in politics”—“first principles,” or “primary truths”– governing the relationship between ends or objects on the one hand and means or powers on the other hand: the government must be given the “requisite” means for the “complete execution” of the objects “for which it is responsible.” But, say the opposition, the States don’t have a guaranteed source of revenue and won’t be able to protect themselves from the usurpations by general government.  More “enchanted castle,” nonsense replies Hamilton.  We should leave the preservation of the “constitutional equilibrium” between the two levels of government “to the prudence and firmness of the people.” 

Federalist 32

Further coverage of 3) the regulation of commerce.  Hamilton reminds the reader that the Constitution is a “partial consolidation” rather than “an entire consolidation.”  Accordingly, he employs the three-pronged “negative pregnant” test to grasp “the whole tenor of the instrument which contains the articles of the proposed constitution.”  He applies the test to the power of taxation: a) is the power exclusively granted to the union? “No.” b) is the power prohibited to the States? “No.” And c) is the power granted to the union and it makes no sense that the states have concurrent jurisdiction? “No.”  He concludes, therefore, that it was the “sense of the convention,” to permit the states to retain the power of concurrent taxation.

Federalist 33

Further coverage of 3) the regulation of commerce.  Hamilton answers the following Antifederalist claim grounded in “virulent invective and petulant declamation,” namely, that the necessary and proper clause and the supremacy clause will enable the general government to completely take over the power of taxation and thus destroy local government and individual liberty.  Not so; nothing would change if these clauses weren’t even there.  Isn’t the power of taxation given to the general government? All clause 18—the so-called “sweeping clause–is saying is that Congress can “pass all laws necessary and proper to carry it into effect.” Why, then, was “the clause introduced?”  The Convention saw this “tautology” as a precautionary protection of the general government against later attempts “to curtail and evade the legitimate authorities of the Union.”   Anyway, in the end, it is the people of America who will decide the meaning of necessary and proper. And without the supremacy clause, the arrangement would be a mere treaty.

Federalist 34

Further coverage of 3) the regulation of commerce. Hamilton repeats his claim that when thinking about the expenses of government we ought not to tie the hands of the general government. “If we mean to be a commercial people, it must form a part of our policy to be able one day to defend that commerce.”  Accordingly, we must be aware of “future contingencies,” in designing a Constitution that is to last into “remote futurity.” In framing a Constitution, as distinguished from writing legislation, we ought to focus on the future and the permanent rather than the current and temporary scene. 

Federalist 35

Further coverage of 3) the regulation of commerce.  This essay explores the relationship between the power of taxation and the right of representation.  Hamilton criticizes the “frequent objection” of the Antifederalists that the House “is not sufficiently numerous” to provide for a complete and sympathetic representation of the people.  He portrays this argument as  “impracticable” and “unnecessary.” First, “an actual representation of all classes of the people by persons of each class is altogether visionary.” Second, the Congress need not be an exact mirror of the society.  Third, a dependency on the people, and being bound by the very laws he makes, are “the strong chords of sympathy between the representative and the constituent.”  Finally, we need representatives capable of exercising “neutrality” and “impartiality” in the clash between the agricultural and mercantile interests. That is the role of the “learned professions.” 

Federalist 36

Further coverage of 3) “of the regulation of commerce.”  Additional emphasis is given to representation and taxation. If we leave things alone, then merchants, landowners, and the learned professions will be elected to Congress.  They “will truly represent all those different interests and views” across the extended republic. He concludes his coverage of the “energy” essays thus:  “Happy will it be for ourselves, and most honorable for human nature, if we have wisdom and virtue enough to set so glorious an example to mankind!”

Part V Federalist 37-51: “The Great Difficulty of Founding”

Federalist 37-40:  the difficulty with demarcations and definitions , federalist 37.

This is the first of fifteen essays written by Madison that provide a window on the “work of the convention.”  He says, “a faultless plan was not to be expected.” The “indistinctness of the object, imperfection of the organ of conception, [and] inadequateness of the vehicle of ideas” each made the founding of the Constitution “a great difficulty.” 1) Humans are fallible, 2) the undertaking was “novel,” 3) “mingling…together” and “defining with certainty,” the “vital principles” of liberty, energy, and stability in the legislature, executive, and judiciary was very difficult, 4) drawing the line between the powers of the general government and the state governments was “no less arduous,” 5) the “imperfection of the human faculties” is clear and so “meaning” must be “liquidated and ascertained by a series of particular discussions and adjudications,” and 6) “contending interests and local jealousies” had to be dealt with.  It is astonishing that “so many difficulties should have been surmounted.” Is this the result of the “finger” of “the Almighty hand” at work?

Federalist 38

The creation of the Constitution faced another difficulty. It is an “experiment.” This is the first in the history of the world to have “been committed to an assembly of men.”  But, instead of acknowledging “the improvement made by America on the ancient mode of preparing and establishing regular plans of government,” the Antifederalists criticize the plan in an incoherent and irrelevant manner and demand perfection.  Yet “are they agreed, are any two of them agreed, in their objections to the remedy proposed, or in the proper one to be substituted?”   

Federalist 39

Madison addresses two questions: does the Constitution pass 1) the republicanism test and 2) the federalism test?  The answer depends on how we define republicanism and federalism.  These are the “great difficulties” of definition.

1) The “genius of the people of America,” and “the fundamental principles of the Revolution,” demand that we “rest all our political experiments on the capacity of mankind for self government.” If the Constitution departs from the “strictly republican” standard, or “character,” it must be rejected.  What, then, is the definition of a republic?  It is “a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding office during good behavior.” We learn that a) “it is essential to such a government that it be derived from the great body of the society, not from an inconsiderable proportion or a favored class of it,” and b) it is sufficient for such a government that the persons administering it be appointed, either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified.”  Madison announces that the Constitution passes the test.

2) There are three tests to measure the federalism of the Constitution, the first of which—a) “the real character of the government”—is covered in the remainder of the essay. There are five “considerations” to ponder when dealing with the “real character” standard.  

I) “The foundation on which it is to be established.” Who ratifies the Constitution, the states or the people? II) “The sources from which its ordinary powers are to be drawn.” Are the people or the states represented in the Congress?  III) “The operation of those powers.” Does the government “operate” directly on the people in their “individual capacities” or on the states in “their collective and political capacities?”  IV) “The extent of`… the powers.” Does the general government have “an indefinite supremacy over all persons and things,” or does its jurisdiction extend “to certain enumerated objects only?” V)  “The authority by which future changes in the government are to be introduced.” Are amendments secured by a majority of the people or by the unanimity of the States? 

Madison concludes that it is “in strictness, neither a national nor a federal Constitution, but a composition of both.  In its foundation it is federal, not national; in the sources from which the ordinary powers of government are drawn, it is partly federal and partly national; in the operation of these powers, it is national, not federal; in the extent of them, again, it is federal, not national; and, finally in the authoritative mode of introducing amendments , it is neither wholly federal nor wholly national.” 

Federalist 40

Madison turns to the second and third tests, or difficulties, concerning the “federalism” of the Constitution.  b) Was the convention “authorized to propose such a government?”  Madison’s response is that the delegates were authorized to frame a government “adequate to the exigencies of the Union,” and they performed that task, and c) how far did “considerations of duty arising out of the case itself…supply any defect of regular authority?”   Madison acknowledges that there are some doubts that Congress authorized the delegates to devise a plan that totally overhauled, rather than simply amended, the Articles. So he appeals to the Declaration of Independence: “it is the precious right of the people to ‘abolish or alter their governments as to them shall seem most likely to effect their safety and happiness.’” So the really important question is NOT is the plan legal in the narrow sense of the term, but “whether the advice (of the Convention) be good?”

Federalist 41-46: The Difficulty of Federalism

Federalist 41.

This is the first of six essays on the difficulty of powers and federalism. This difficulty, in turn, can be divided into two parts around the consideration of two questions. The first difficulty of powers and federalism is this: has any unnecessary and improper power been granted to the general government? This is covered in Federalist 41-44. The answer is “no.” (The second difficulty is this: is the mass of power granted to the federal government dangerous to the exercise of power retained by the states? This is covered in Federalist 45-46.)  Six “classes” [1-6 below] of the first difficulty of power and federalism in the Constitution are examined. 

Federalist 41 examines the 1) “security against foreign danger” class of power.  Madison reiterates Hamilton’s earlier defense of the Constitution with respect to military establishments, standing armies, the militia, the power of taxation, and the war powers of the general government. 

Federalist 42

This essay examines the second and third classes of federal power: 2) “regulation of the intercourse with foreign nations,” and 3) “maintenance of harmony and proper intercourse among the states.” The former covers the implications of the “interstate commerce” clause. The latter focuses on the remaining clauses in Article I, Section 8.  

Madison regrets that 2) the “power of prohibiting the importation of slaves had not been postponed until the year 1808, or rather that it had been suffered to have immediate operation.” Nevertheless, he is optimistic that the “the barbarism of modern policy” will be soon “totally abolished.” He concludes:  “Happy would it be for the unfortunate Africans if an equal prospect lay before them of being redeemed from the oppressions of their European brethren.”  Concerning 3) Madison laments that “the mild voice of reason, pleading the cause of an enlarged and permanent interest, is but too often drowned, before public bodies as well as individuals, by the clamors of an impatient avidity for immediate and immoderate gain.”   

Federalist 43

This essay examines the fourth class of federal power: 4) “certain miscellaneous objects of general utility.” Nine miscellaneous clauses are covered.

Most attention is given to the sixth clause, namely, the republican guarantee clause. The main issues here are a) “to defend the system against aristocratic or monarchical innovations,” and b) to protect the principle of majority rule against the actions of a minority of “adventurers.”  Madison then adds:  “I take no notice of an unhappy species of population abounding in some of the States, who, during the calm of regular government are sunk below the level of men; but who, in the tempestuous scenes of civil violence, may emerge into the human character and give a superiority of strength to any party with which they may associate themselves.” 

The ninth and last clause covered is Article VII. This clause provides for ratification of the Constitution by nine out of thirteen specially called conventions. Madison asks: how can the Articles be “superseded without the unanimous consent of the parties to it?  The answer, anticipated in Federalist 40, is “the great principle of self-preservation: to the transcendent law of nature and nature’s God, which declares that the safety and happiness of the society are the objects at which all political institutions aim and to which all such institutions must be sacrificed.”

Federalist 44

This essay examines the fifth and six classes of federal power: 5) “restraint of the States from certain injurious acts,” and 6) “provisions for giving due efficacy to these powers.” The latter revisits the necessary and proper clause.  “Few parts of the Constitution have been assailed with more intemperance than this; yet on a fair investigation of it, as has been elsewhere shown, no part can appear more completely invulnerable.  Without the substance of this power, the whole Constitution would be a dead letter.” He examines, and rejects, the four choices, other than the one stated in Article 1, Section 8, clause 18, that were available to the convention: a) adopt the “expressly” delegated language of the Articles, b) list a “positive enumeration of the powers” attached to the necessary and proper clause, c) list a “negative enumeration” of the powers not attached, and d) remain “altogether silent on the subject, leaving these necessary and proper powers to construction and inference.”  All the clause is saying is that “wherever a general power to do a thing is given, every particular power necessary for doing it is included.”  And if Congress should abuse this power? “The people…can, by the election of more faithful representatives, annul the acts of the usurpers.”  

Federalist 45

This essay starts the consideration of the second difficulty of power and federalism: is the mass of power granted to the federal government dangerous to the exercise of power retained by the states? The answer is “no.” 

Federalist 45 begins with the question: was the revolution fought to secure the peace, liberty, safety, and public good of the American people or to secure the sovereignty of the states?  Madison says, the former, and he is willing, if necessary, to sacrifice the states for the “public happiness.” But it will be difficult to do away with the states even if one wanted to because they are “ constituent and essential parts of the federal government.” Besides, “the powers delegated by the proposed Constitution to the federal government are few and defined.  Those which are to remain in the State governments are numerous and indefinite.” Actually, he concludes, the Constitution doesn’t enlarge the powers of the federal government; “it only substitutes a more effectual mode of administering them.” But the federal government will grow in importance during wartime.

Federalist 46

This essay concludes the consideration of the second difficulty of power and federalism: is the mass of power granted to the federal government dangerous to the exercise of power retained by the states? The answer, again, is “no.” 

Madison suggests that the federal government has more to fear from the encroachment of the state governments than vice versa. And the state governments are capable of defending themselves. The sentiments of the people are naturally closer to the state governments and things will stay that way unless the federal government is better administered.  In which case, “the people ought not surely to be precluded from giving most of their confidence where they may discover it to be the most due.”  

Federalist 47-51:  The Difficulty of Republicanism

Federalist 47.

This is the first of five essays on the difficulty of republicanism. He is interested in “the structure” of the government.  Madison begins with a “political truth”: “the accumulation of all powers, legislative, executive, and judiciary, in the same hands…may justly be pronounced the very definition of tyranny.” The Antifederalists, relying on Montesquieu the “oracle” on the doctrine of separation of powers, claim that the Constitution violates the political truth or maxim, because the branches are not separate and “distinct.” Madison argues 1) that Montesquieu wasn’t advocating a complete “wall of separation” between the branches, but endorsed “ partial agency ,” b) there isn’t a strictly “distinct” separation of powers in the state constitutions and 3) the “political truth” really means that the separation of powers is violated when “the whole power of one department is exercised by the same hands which possess the whole power of another department,” and not when one branch has a partial agency in another branch. In fact, partial agency in practice is needed to accomplish the separation of powers in theory. 

Federalist 48

Madison declares that “the most difficult task” is to provide “some practical” security for each branch against “the invasion of the others.”  The Madison “correction” of “the founders of our early republics,” is this:  Legislative tyranny is far more likely than executive tyranny “in a democracy.” Virginia and Pennsylvania in the 1780s are proof for Madison that their Constitutions actually encourage the emergence of this new kind of tyranny. And, says Madison, Jefferson, in his Notes on the State of Virginia , came to recognize the reality of “ elective despotism ”: “One hundred and seventy-three despots would surely be as oppressive as one.” What “precautions” then shall be taken against this dangerous branch?  More is needed than “a mere demarcation on parchment of the constitutional limits of the several departments.” 

Federalist 49

Madison opens with a critique of Jefferson: he understands the problem, but not the solution. Jefferson proposes that when violations of the separation of powers occur, “a convention shall be called for the purpose” of “ correcting breaches .” But, asks Madison, won’t it be the executive and judiciary appealing to the people to call a convention to restrain the legislature?  And who would most likely be elected to the convention than the very legislators who caused the problem?   “The passions , therefore, not the reason , of the public would sit in judgment.  But it is the reason, alone, of the public, that ought to control and regulate the government. The passions ought to be controlled and regulated by the government.” Even if these conventions are called only for “certain great and extraordinary occasions,” we must remember “that all governments rest on opinion,” and the calling of a correcting convention would “deprive the government of that veneration which time bestows on everything, and without which perhaps the wisest and freest governments would not possess the requisite stability.” 

Federalist 50

Madison says the same objections apply to “periodical appeals” as they do to “occasional appeals to the people” to correct infractions of the Constitution.

Federalist 51

This is the last of fifteen essays written by Madison on “the great difficulty” of founding. There are ten paragraphs in the essay.

β 1. The way to implement the theory of separation of powers in practice is to so contrive “the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.” 

β 2. Accordingly, “each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others.” 

β 3.  “It is equally evident that the members of each department should be as little dependent as possible on those of the others for the emoluments annexed to their offices.”

β 4. A.“The Great Security”

“The great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others…Ambition must be made to counteract ambition.  The interests of the man must be connected with the constitutional rights of the place.”  

B:  “A Reflection on Human Nature”

Isn’t relying on ambition and interest, “a reflection on human nature?” But, adds Madison, what is government itself but the greatest reflection on human nature?  If men were angels, no government would be necessary.” 

C:  “The Great Difficulty” of Founding

“You must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government, but experience has taught mankind the necessity of auxiliary precautions.”  

β 5.  “This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public.” Madison calls this policy “inventions of prudence.”

β 6.  “In republican government, the legislative authority necessarily predominates.” Thus, it is “not possible to give to each department an equal power of self-defense.” Accordingly, we need to add here and subtract there. We can divide the legislature into two branches and fortify the executive a) with the power of a conditional veto and b) “some qualified connection” with the Senate.

β 7. The general government comes closer to passing the “self-defense” of each branch test than do the State governments.

β 8. “There are, moreover, two considerations particularly applicable to the federal system of America, which place that system in a very interesting point of view.” 

β 9.  First, America is a “compound republic,” rather than a “single republic.” This provides for a “double security…to the rights of the people.  The different governments will control each other, at the same time that each will be controlled by itself.” 

β 10. Second, there are only two ways to combat “the evil” of majority faction, a) “by creating a will in the community independent of the majority,” or b) creating an authoritative source “dependent on the society,” but, and here is the essence of the American experiment, the society “will be broken down into so many parts,” that it contain a vast number and variety of interests. 

To repeat, the American society will “be broken down into so many parts, interests and classes of citizens, that the rights of individuals, or the minority, will be in little danger from interested combinations of the majority.”  Echoing Federalist 10, Madison says “the security for civil rights must be the same as that for religious rights.  It consists in the one case in the multiplicity of interests, and in the other in the multiplicity of sects.” And both depend on “the extended republic.”  Let us not forget, adds Madison, that “justice is the end of government.  It is the end of civil society.  It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit.”  Fortunately, in “the extended republic…a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good.”  We have rejected the “precarious security” provided by the “hereditary or self-appointed” alternative of “introducing into the government…a will independent of the society itself.”  

Part VI Federalist 52-84: “The True Principles of Republican Government”

Federalist 52-61:  the house of representatives, federalist 52.

Madison introduces the “more particular examination of the several parts of the government,” with ten essays on the House of Representatives. He organizes the treatment around “five views.” 1) “The qualification of electors” is completely covered and 2) the duration in office is partially covered in Federalist 52.  With regard to the former, he says the electoral “door” is wide “open to merit of every description,” regardless of place of birth, “young or old, and without regard to poverty or wealth, or to any particular profession of religious faith.” Concerning the latter, he reminds the reader that “the scheme of representation as a substitute for a meeting of the citizens in person being at most but very imperfectly known to ancient polity, it is in more modern times only that we are to expect instructive examples.” 

Federalist 53

Further coverage of 2) duration in office. One of the “instructive examples” derived from the modern understanding of constitutionalism, says Madison, is that we can safely discard the notion “that where annual election end, tyranny begins.”  The only “reason on which this proverbial observation is founded” can be traced to Britain where the Parliament can, and has, “by ordinary power of government…changed the period of election.” But no such security “for the liberty of the people” against “these dangerous practices” is necessary in America because the government is “limited…by the authority of a paramount Constitution.”  Besides which, a two year “unalterably fixed” biennial elections provides more time for representatives to acquire the “practical knowledge…useful to the affairs of the public.” 

Federalist 54

This essay covers 3) “the apportionment of its members.” Madison says that the rule for apportionment is to be the “same rule with that of direct taxes.” There is no inherent reason, he says, why the rule should not be “numbers” for both.  However, property has “recently obtained the general sanction of America” as the rule for direct taxes.  Does it then follow “that slaves ought to be in the numerical rule of representation?”  He lets an unidentified defender of “southern interests” make the case—articulate in quotation marks over four pages–for the modification in “the census of persons” rule for apportionment.  Madison concludes: “it may appear a little strained in some points, yet on the whole, I must confess that it fully reconciles me to the scale of representation which the convention have established.” 

Federalist 55

This is the first of four essays on 4) “the number of which the House of Representatives is to consist.” The apparently small size of the House, says Madison, has been given extensive attention by the most worthy of the opponents.  He outlines four “charges” concerning the small number:  the House will a) be “an unsafe depository of the public interests,” b) fail to “possess a proper knowledge” of the interests of their constituents, c) be “taken from” the class least sympathetic to the “mass of the people,” and most disposed to sacrifice their interest, and d) the defect in numbers of representatives will become “more disproportionate” as the population increases.  This essay discusses a) and makes the following two points i) “Had every Athenian been a Socrates, every Athenian assembly would still have been a mob,” and ii) there is a decent side to human nature that balances the depraved side. In fact, “republican government presupposes the existence of these [better] qualities in a higher degree than any other form.” 

Federalist 56

This is the second essay on 4) “the number of which the House of Representatives is to consist.”  It addresses the “second charge”:  b) the House “will be too small to possess a due knowledge of the interests of its constituents.” The essay says that the kind of information the representatives need to assist their constituents, echoing Federalist 35 and 53, is knowledge about “commerce, taxation, and the militia,” rather than “particular knowledge of their affairs.” 

Federalist 57

This is the third essay on 4) “the number of which the House of Representatives is to consist.”  It addresses the “third charge”:  c) the chosen representatives will “have least sympathy with the mass of the people,” and be inclined to “sacrifice” the interests of the people.  Madison describes this objection as “extraordinary,” because “the principle of it strikes at the very root of republican government.”  The objective, says Madison, is to elect wise and virtuous representatives and then adopt “precautions” to keep them that way whilst in office.  The primary method of keeping the representatives virtuous is a “habitual recollection of their dependence on the people.” But “human prudence” has “devised” four “cords by which they will be bound to fidelity and sympathy with the great mass of the people”: “duty, gratitude, interest, ambition.” 

Federalist 58

This is the fourth and final essay on 4) “the number of which the House of Representatives is to consist.”  It addresses the “remaining charge”:  “the number of representatives will not be augmented” as the population increases.  Madison admits, “this objection, if well supported, would have great weight.” But, he continues,  “there is a peculiarity in the federal Constitution which insures a watchful attention…to a constitutional augmentation.” The four largest states “will have a majority of the whole votes in the House,” and since they hold the power of the purse, “the most complete and powerful weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure,” these states can defeat “unfriendly” opposition in the Senate. Madison, in conclusion, warns about increasing the size of the House “beyond a certain limit.”  Experience demonstrates “that the countenance of the government may become more democratic, but the soul that animates it will be more oligarchic.”

Federalist 59

This is the first of three essays on 5) “the times, places, and manner” clause.  Hamilton states the case for this clause:  “ every government ought to contain in itself the means of its own preservation .” What if “the leaders of a few of the most important States should have entered into a previous conspiracy to prevent an election?”

Federalist 60

This is the second of three essays on 5) “the times, places, and manner” clause.  Couldn’t this clause be manipulated to confine “the places of election to particular districts and rendering it impracticable to the citizens at large to partake in the choice?” This, says Hamilton, is “the most chimerical” of  “all chimerical propositions.”  Hamilton continues: “to speak in the fashionable language of the adversaries of the Constitution,” will this clause “court the elevation of the ‘wealthy and the well-born,’ to the exclusion and debasement of all the rest of the society?” “No,” because of the multiplicity of interests, the separation of powers, and the scheme of representation.

Federalist 61

This is the third of three essays on 5) “the times, places, and manner” clause. Here the defense of the clause moves beyond the argument that it is necessary and proper to “a positive advantage.” In conclusion, “I allude to the circumstance of uniformity in the time of elections for the federal House of Representatives.” 

Federalist 62-66: The Senate

Federalist 62.

Madison “enters next on the examination of the Senate.”  He organizes the five essays on the Senate around five “heads.” Federalist 62 covers four of the “heads.” 

The first three are “1) the qualification of Senators, 2) the appointment of them by the state legislatures, 3) the equality of representation in the Senate. ” It is “unnecessary to dilate,” says Madison, on 1) and 2).  Concerning 3) this is the result of the compromise, which renders us a “compound republic, partaking of both the national and federal,” and, accordingly, “ does not call for much discussion.” But, he does say that it is “a advantageous consequence” that “no law or resolution can now be passed without the concurrence, first, of a majority of the people, and then of a majority of the States.” 

The remainder of Federalist 62 introduces 4) “the number of Senators and the term for which they are to be elected.” Madison divides the coverage of 4) into six parts. The treatment of the first four of these six “defects” and six “remedies,” occurs in this essay and are directed to checking the House, that “numerous and changeable body.”  

First .  The Senate operates as “a salutary check” on efforts by representatives in the House to betray the public trust. Second . The smaller numerical size, and the longer duration in office, provides a healthy restraint “to the impulse of sudden and violent passions.” Third . A Senate is vital to overcoming “the blunders” of popular legislation.  “A good government implies two things; first, fidelity to the object of government, which is the happiness of the people; secondly, a knowledge of the means by which that object can be best attained….I scruple not to assert that in American Governments too little attention has been paid to the last. The federal Constitution avoids this error; and what merits particular notice, it provides for the last mode which increases the security for the first.” Fourth . A Senate helps overcome the “mutability in the public councils.” A frequent change of the representatives in the lower House causes a “change in opinions,” and then a “change in measures.”  

Madison outlines five “mischievous effects of mutable government.” A) “It forfeits the respect and confidence of other nations, and all the advantages connected with national character.” B) At home, it “poisons the blessings of liberty itself…if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.” C) “Public instability” favors “the sagacious, the enterprising, and the moneyed few over the industrious and uninformed mass of the people.” D) “No great improvements or laudable enterprises can go forward” without the presence of “a steady system of national policy.”  E) It robs the system of “attachment and reverence.” 

Federalist 63

This essay contains twenty-one paragraphs.  The first six paragraphs of the essay concludes the fifth and sixth part of 4) “the number of Senators and the term for which they are to be elected.” Madison then turns in paragraph seven to protecting the people “against their own temporary errors and delusions.” Paragraphs 8 through 14 revisit the sufficiency of the extended orbit and what the ancients knew about the principle of representation. The essay concludes with a consideration of the Antifederalist claim that the Senate will become a “Tyrannical Aristocracy.” 

The Idea of “Due Responsibility”

β 1. Fifth . A Senate is valuable because it provides “ a due sense of national character.” 

β 2 and 3. In particular, it is wise to listen to the “opinion of the impartial world,” and the “unbiased part of mankind” lest the “numerous and changeable” House of Representatives “be warped by some strong passions or momentary interest.”

 β 4.  Sixth .  Madison introduces a “new, but paradoxical, understanding” of “the due responsibility in the government to the people.”  

β 5.  Instead of understanding “responsibility” exclusively in terms of “dependence on the people” through “the frequency of elections, ” Madison puts forth the idea of the “responsibility” of the representatives to the long run interests of the community.

β 6.  This is the “responsibility” of the Senate.

“The Cool and Deliberate Sense of the Community”

β 7. The Senate is valuable at certain “critical moments” in “public affairs.” It is “salutary” to have a Senate that can check the “temporary errors and delusions of the people,” until reason, justice, and truth can regain their authority over the public mind.” The vital role of the Senate in the institutional framework, then, is to secure the principle of “the cool and deliberate sense of the community.”

The “Extension of the Orbit” Revisited

β 8.  Madison revisits the importance of  “the extension of the orbit” element in the science of politics introduced in Federalist 9 and explicated in Federalist 10.  He admits that the extended orbit theory of Federalist 10 is necessary but insufficient and, may in fact, be counterproductive.  Once again, we need further “auxiliary precautions” to make the American experiment succeed.

β 9.  To be sure, America is different from other governments, both “ancient and modern.“ Yet, it is instructive to note that “history informs us of no long-lived republic which had not a senate.” 

The “Principle of Representation” Revisited

β 10. Madison repeats the claim of Federalist 9 that “the principle of representation” is the pivotal difference between the American model and those found in antiquity. He revisits the claim that the principle of representation was “unknown” to the ancients. 

β 11, 12, & 13. The extent to which the principle of representation was used in antiquity.

β 14. Thus, “it is clear that the principle of representation was neither unknown to the ancients nor wholly overlooked in their political institutions.” The unique feature of the American experiment is, that for the first time, we have “ the total exclusion of the people in their collective capacity , from any share” in the government,” rather than “ the total exclusion of the representatives of the people from the administration” of the government.”  Madison then concludes “that to insure this advantage its full effect, we must be careful not to separate it from the other advantage, of an extensive territory.” 

The Senate as a “Tyrannical Aristocracy”

β 15. The opposition will claim that the Senate will become, by “gradual usurpations,” an independent and  “tyrannical aristocracy.”

β 16.  One response to the Antifederalists is “that liberty may be endangered by the abuses of liberty as well as by the abuses of power.” 

β 17.  A second response is that the claim defies reason: for the alleged “tyrannical aristocracy” to take place, the Senate must “in the first place, corrupt itself,” and ultimately corrupt “the people at large.”  

β 18.  A third response: the claim defies experience of the state governments.

β 19.  A fourth response: even the British example fails to lead to “tyrannical aristocracy.”

β 20.  A fifth response: there are no examples from antiquity of  “tyrannical aristocracy.” 

β 21.  Finally, the House of Representatives will never allow this to happen.

Federalist 64

This is the first of three essays on 5) “the powers vested in the Senate.”  The essay covers the “advise and consent” clause concerning the treaty making power that the Senate shares with the President. Jay asks why is it better for national policy to involve the Senate and not the whole Congress?  “The Constitution has taken the utmost care” by the size of the Senate, the need for “secrecy and dispatch,” and the age and duration in office provisions that the Senators “shall be men of talents, and integrity.” Thus “the treaties they make will be as advantageous as…could be made.” 

Federalist 65

This is the second of three essays on 5) “the powers vested in the Senate” The remaining powers of the Senate involve the participation of the Senate “with the executive in the appointment to offices, and in their judicial character as a court for the trial of impeachments.” The former is covered in the executive essays; here, Hamilton explains “the judicial character of the Senate.” In short, this essay covers the impeachment-conviction power.  The Senate, and neither the House nor the Supreme Court, is the “tribunal sufficiently dignified” and “sufficiently independent” to render the sentence of “perpetual ostracism from the esteem and confidence and honors and emoluments of his country” for official “POLITICAL” misconduct.  

Federalist 66

This is the last of three essays on 5) “the powers vested in the Senate.”  This essay concludes the defense of locating of the “determining in all cases of impeachment” power alone in the Senate. This power does not 1) violate the doctrine of the separation of powers, 2) “give to the government a countenance too aristocratic,” or produce a conflict of interest with the Senate-Executive 3) appointment power, or 4) treaty making power. 

Federalist 67-77:  The Presidency

Federalist 67.

This is the first of eleven essays written by Hamilton defending the Presidency against the “unfairness” of the Antifederalist “representations.” This is the first of six essays in The Federalist that identify specific authors of Antifederalist writings. Here it is Cato V. 

“Scarcely any other part of the Constitution,” says Hamilton, has been “inveighed against with less candor or criticized with less judgment.”  The opposition portray the Presidency as a full-grown progeny of monarchy, and Cato claims that, under the Constitution, the President can fill temporary vacancies in the Senate.  This is utter nonsense, since this power is “expressly allotted to the executives of the individual States.”  Yet, this is typical of the “shameless” exercise of “their talent of misrepresentations,” and “an unequivocal proof of the unwarrantable arts which are practised to prevent a fair and impartial judgement of the real merits of the Constitution.”

Federalist 68

This is the second of eleven essays written by Hamilton defending the Presidency Presidency against the “unfairness” of the Antifederalist “representations.” This is the second of six essays in The Federalist that identify specific authors of Antifederalist writings. Here it is the Federal Farmer.

He remarks that the “mode of appointment” by the Electoral College “is almost the only part of the system, of any consequence, which has escaped without severe censure.”  He reminds the reader that “this process of election affords a moral certainty that the office of President” will be “filled by characters pre-eminent for ability and virtue.”  This is important since “the true test of a good government is its aptitude and tendency to produce a good administration.” And a good executive is central to a good administration.

Federalist 69

This is the third of eleven essays written by Hamilton defending the Presidency against the “unfairness” of the Antifederalist “representations.” This is third of six essays in The Federalist that identify specific authors of Antifederalist writings. Here it is Tamony. 

The “real character of the proposed executive” is revealed in terms of the organization and powers tests. The tests are 1) “single magistrate,” 2) “ four years; and is to be re-eligible,” 3) impeachment and removal from office, 4) “qualified negative of the Presidency,” 5) “occasional…commander-in-chief” power which “would amount to nothing more than the supreme command and direction” of the armed forces, 6) power to pardon, 7) power to “adjourn the legislature,” 8) with the “advice and consent of the Senate, to make treaties,” 9) power to “receive ambassadors and public ministers,” 10) “the power to nominate and appoint.”  Hamilton concludes that putting the Constitution to these tests, the Presidency is closer to the Governor of New York than to the Monarch of Great Britain. In fact, with the exception of the treaty-making power, “it would be difficult to determine whether that magistrate would in the aggregate, possess more or less power than the governor of New York.” 

Federalist 70

This is the fourth of eleven essays written by Hamilton defending the Presidency against the “unfairness” of the Antifederalist “representations.”  The essay opens with the Antifederalist concern “that a vigorous executive is inconsistent with the genius of republican government.” Hamilton’s response is that “energy in the executive is a leading character in the definition of good government.”  He explores two questions. A) What are the “ingredients which constitute energy in the executive?”  B) How far can these ingredients be combined with other ingredients which constitute safety in the republican sense? A) There are four ingredients of energy: I Unity, II Duration, III Adequate Provision for Support, and IV Competent Powers. B) There are two ingredients of republican safety: I “A due dependence on the people,” and II “A due responsibility.”

A) I Unity is “conducive to energy.”  “The dictates of reason and good sense,” demonstrate that unity in the executive better secures the goals of “decision, activity, secrecy, and dispatch.” A “plurality in the executive” also destroys “responsibility.”

Federalist 71

This is the fifth of eleven essays written by Hamilton defending the Presidency against the “unfairness” of the Antifederalist “representations.” It covers A) II Duration as it pertains to “the personal firmness of the executive.

β 1.  “It is a general principle of human nature that a man will be interested in what he possesses, in proportion to the firmness or precariousness of the tenure by which he holds it.”  The duration provision helps the President to be “interested” in resisting the “ill-humors” of society and a “predominant faction in the legislative body.”

β 2.  “The servile pliancy of the executive to a prevailing current in the community or in the legislature” is NOT “its best recommendation.”  The President must resist a “complaisance to every sudden breeze of passion” that might emerge in the society contrary to the true interests of the people, and, instead be “the guardians of those interests to withstand the temporary delusions in order to give them time and opportunity for more cool and sedate reflection.”  It is the duty of the executive to secure the “republican principle”:  “the deliberate sense of the community should govern.” 

 β 3.  “The executive should be in a situation to dare to act…with vigor and decision.”

β 4.  “The fundamental principles of good government” requires a fortification of the executive against the “almost irresistible” tendency in “governments purely republican” for the “legislative authority to absorb every other.” 

β 5- β7.  “It may be asked whether a duration of four years” is sufficient. It may not “completely answer the end proposed; but it would contribute towards it in a degree which would have a material influence upon the spirit and character of the government.” 

Federalist 72

This is the sixth of eleven essays written by Hamilton defending the Presidency against the “unfairness” of the Antifederalist “representations.” This essay concludes the coverage of A) II Duration pertaining to “the stability of the system of administration.” He lists five “pernicious” “ill effects” that will occur as a result of “exclusion.” 

β 1. “There is an intimate connection between the duration of the executive magistrate in office and the stability of the administration of government” which includes “foreign negotiations,” public finance, and “the directions of the operations of war.”  

β 2. “With a positive duration of considerable extent, I connect the circumstance of re-eligibility.” The former is vital for individual firmness; the latter for a “wise system of administration.”  

β 3.  “Exclusion” from office, or term limits, for the President is “pernicious.”

β 4.  “One ill effect of the exclusion would be a diminution in inducements to good behavior.” “The desire of reward is one of the strongest incentives of human conduct.   Even the love of fame, the ruling passion of the noblest minds” is not strong enough to motivate “the generality of men” toward “the positive merit of doing good.”  

β 5, 6, 7. “Another ill effect of the exclusion would be the temptation to sordid views, to peculation, and, in some instances, to usurpation.”  It is contrary “to the stability of government, to have half a dozen men who had credit enough to raise themselves to the seat of the supreme magistracy wandering among the people like discontented ghosts and sighing for a place which they were destined never more to possess.”

β 8.  “A third ill effect of the exclusion would be the depriving the community of the advantage of the experience gained by the Chief Magistrate in the exercise of his office.”  Remember, “experience is the parent of wisdom.” 

β 9.  “A fourth ill effect of the exclusion would be the banishing men from stations in which, in certain emergencies of the State, their presence might be of the greatest moment to the public interest or safety.”

β 10. “ A fifth ill effect” is that “by necessitating a change of men, in the first office of the nation, it would necessitate a mutability of measures.” 

β 11. These “disadvantages” are worse under a “scheme of perpetual exclusion.” 

β 12, 13.  “What are the advantages promised to counterbalance these disadvantages?…1 st , greater independence in the magistrate; 2 nd , greater security to the people.” 

β 14.  The disadvantages of exclusion outweigh the advantages.

Federalist 73

This is the seventh of eleven essays written by Hamilton defending the Presidency against the “unfairness” of the Antifederalist “representations.” This is the fourth of six essays in The Federalist that identify specific authors of Antifederalist writings. Here it is Abraham Yates. This essay covers the third and fourth, and the last, of the “ingredients”: A) III:  Adequate Provision for Support, and A) IV:  Competent Powers.  The essay focuses on A) IV.  Attention is given to A) IV a, the veto power. 

Hamilton defends the “qualified negative of the President” as 1) “a shield to the executive,” to protect its “constitutional rights,” and as 2) an “additional security against the enaction of improper laws.” Sometimes, instead of adhering to the principle of “due deliberation,” the Congress passes laws through “haste, inadvertence, or design.” Thus the   “public good” is “evidently and palpably sacrificed.” The presidential veto, moreover, “will often have a silent and unperceived, though forcible, operation.” 

Federalist 74

This is the eighth of eleven essays written by Hamilton defending the Presidency against the “unfairness” of the Antifederalist “representations.” This essay continues the coverage of A) IV.  Attention is given to A) IV b, the commander-in-chief clause, and A) IV c, the power to pardon and reprieve clause. Concerning the former, Hamilton observes “the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand.”  As to the latter, the Congress may not always be in session; “there are often critical moments when a well-timed offer of pardon…may restore tranquillity to the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall.”

Federalist 75

This is the ninth of eleven essays written by Hamilton defending the Presidency against the “unfairness” of the Antifederalist “representations.” This essay continues the coverage of A) IV.  Attention is given to A) IV d, the treaty making power.  Hamilton claims that this “is one of the best digested and most unexceptional parts of the plan.”  Human nature demonstrates the wisdom of 1) joining the Senate and the President in the “possession of the power,” and 2) excluding the “fluctuating,” and “multitudinous,” House. Furthermore, it is republican to have 2/3 of the Senators present concur, rather than require the concurrence of 2/3 of the whole Senate.    

Federalist 76

This is the tenth of eleven essays written by Hamilton defending the Presidency against the “unfairness” of the Antifederalist “representations.” This essay continues the coverage of A) IV.  Attention is given to A) IV e, the appointing power. He argues that the mode proposed advances the premise that “the true test of a good government is its aptitude and tendency to produce a good administration.” The critical question is why require “the co-operation of the Senate” in what is traditionally viewed as an exclusively executive function?  “Their concurrence would have a powerful, though in general, a silent operation.  It would be an excellent check upon a spirit of favoritism in the President.” Furthermore, “it would be an efficacious source of stability in the administration.” 

Won’t the Senate simply “rubber stamp” Presidential nominations? “This supposition of universal venality in human nature is little less an error in political reasoning than the supposition of universal rectitude. The institution of delegated power implies that there is a portion of virtue and honor among mankind, which may be a reasonable foundation of confidence.” We should “view human nature as it is, without either flattering its virtues or exaggerating its vices.”  The Senate will live up to its assigned duty.

Federalist 77

This is the last of eleven essays written by Hamilton defending the Presidency against the “unfairness” of the Antifederalist “representations.” This essay concludes the coverage of A) IV, the issue of energy, and turns, finally, but in only a concluding paragraph, to B) how these ingredients can be combined with others that are safe in the republican sense? 

A) Hamilton claims that an added advantage “to the stability of the administration,” is that the consent of the Senate “would be necessary to remove as well as to appoint.” He approves of “this union of the Senate with the President” in the nomination, appointment, and removal process. He endorses the exclusion of the House from the process:  “A body so fluctuating and at the same time so numerous can never be deemed proper for the exercise of that power. Its unfitness will appear manifest to all when it is recollected that in half a century it may consist of three or four hundred persons.” 

B) In Federalist 70, Hamilton introduced B) and stated that there were “two ingredients of republican safety”: I “A due dependence on the people,” and II “A due responsibility.”  Here he says, “The answer to this question has been anticipated in the investigation of its other characteristics.”  

Federalist 78-82:  The Judiciary

Federalist 78.

This is the first of five essays written by Hamilton on the Judiciary. In this essay, we also find the fifth of six essays in The Federalist that identify specific authors of Antifederalist writings. Here it is the “ Protest of the Minority of the Convention of Pennsylvania, Martin’s speech, etc .” 

β 1. “We proceed now to an examination of the judiciary department.” 

β 2.  The coverage of the judiciary is in two parts: A) “the manner of constituting it” and B) “its extent.”

β 3.  There are three A) “objects.”  “1 st .  The mode of appointing the judges. 2 nd . The tenure by which they are to hold their places.  3 rd . The partition of the judicial authority between different courts and their relations to each other.” [See Federalist 81.]

β 4. A) 1 st .  See Federalist 76 and 77. 

β 5. A) 2 nd .  “As to tenure by which the judges are to hold their places: this chiefly concerns [1] their duration in office, [II] the provisions for their support, [III] the precaution for their responsibility.”  The remainder of the essay covers the case for [I] their duration in office. {Article III, Section 1.}

β 6. “The standard of good behavior…is certainly one of the most valuable of the modern improvements in the practice of government.”  It helps the judiciary to resist “legislative encroachment.” β 7-β 17 makes the case for “permanent tenure” to resist the encroachment of the legislature.

β 7. The judiciary “will always be the least dangerous to the political rights of the Constitution….It may truly be said to have neither FORCE nor WILL but merely judgment.”

β 8.  The judiciary is “the weakest of the three departments of power,” and its “natural feebleness” needs fortification.  

β 9.  “The complete independence of the courts of justice is peculiarly essential in a limited Constitution.  By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority.”  It is the “duty” of the courts, “to declare all acts contrary to the manifest tenor of the constitution void.”  

β 10.  The opposition thinks that this “doctrine would imply a superiority of the judiciary to the legislative power.”  

β 11.  But “every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void.”

β 12.  The courts are an “intermediate body between the people and the legislature” to keep the latter within their proper sphere. The legislature cannot be “the constitutional judges of their own powers.” The Constitution is the fundamental law and it belongs to the courts to “ascertain its meaning” and to secure “the intention of the people” over “the intention of their agents” whenever there is “an irreconcilable variance between the two.”  “The interpretation of the laws is the proper and peculiar province of the courts.” Since the Constitution is the “fundamental law,” it therefore belongs to the Supreme Courts “to ascertain its meaning.” 

β 13.  This does not “suppose a superiority of the judicial to the legislative power.”

β 14.  “In determining between two contradictory laws…it is the province of the courts to liquidate and fix their meaning and operation.  So far as they can, by any fair construction” they ought to “be reconciled to each other.” When “impracticable, it becomes a matter of necessity to give effect to one in exclusion of the other.”

β 15.  “Whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former.”

β 16.  “It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure for the constitutional intentions of the legislature…. The courts must declare the sense of the law,” and not “be disposed to exercise WILL instead of JUDGMENT.”

β 17. “The permanent tenure of judicial offices” is critical if the courts are to be “the bulwarks of a limited Constitution against legislative encroachments.”

β 18. “Permanent tenure” can help to resist the “ill humors” that may momentarily “lay hold” of the people to violate the Constitution.  “As faithful guardians of the Constitution,” the courts must restore the norm of “more deliberate reflection.”

β 19. “Permanent tenure” can also help to resist legislative efforts to injure “the private rights of particular classes of citizens, by unjust and partial laws.”

β 20. “Permanent tenure” is needed so that courts provide “inflexible adherence to the rights of the Constitution, and of individuals.”

β 21. “Permanent tenure” is needed to attract individuals with the “requisite integrity,” and the “requisite knowledge” to handle the “variety of controversies which grow out of the folly and wickedness of mankind.”  But “to avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents which serve to define and point out their duty in every particular case that comes before them.”

β 22. “Good behavior” for justices has the added benefit of securing “good government.”

Federalist 79

This is the second of five essays written by Hamilton on the Judiciary.  This essay continues A) 2 nd .  “As to tenure by which the judges are to hold their places,” and covers: “[II] the provisions for their support,” and [III] the precaution for their responsibility.” {Article III, Section 1.}

With respect to [II] we should remember “that in the general course of human nature, a power over a man’s subsistence amounts to a power over his will .” A “fixed provision for their support” enhances judicial independence. And to be impeached “for malconduct” is the constitutional “precaution” for securing “their responsibility.” He rejects the call for a mandatory retirement age. 

Federalist 80

This is the third of five essays written by Hamilton on the Judiciary.  He turns to B) “the proper extent of the federal judiciary.”  He examines, first, the five “proper objects” of the judicial authority. He then turns to an examination of the cases and controversies covered by the judicial power {Article III, section 2} and especially it extension “to all cases, in law and equity, a) arising under the (sic) Constitution and b) the laws of the United States .”  As a “sample” of a), as distinguished from b), Hamilton includes “all the restrictions upon the authority of the State legislatures.” {See Article I, Section 9.} Thus the federal courts ought to “overrule” state laws that are “in manifest contradiction of the articles of Union.”  What are “equity causes” that “can grow out” of a) and b)?  “There is hardly a subject of litigation,” that does not involve “ fraud, accident, trust , or hardship .” And if “inconveniences” should emerge in the implementation of the various judicial powers, “the national legislature will have ample authority to make such exceptions and to prescribe such regulations as will be calculated to obviate or remove these inconveniences.”  

Federalist 81

This is the fourth of five essays written by Hamilton on the Judiciary.  In Federalist 78, we learned that three A) “objects” to the coverage of the judiciary. Here, he turns to A) 3 rd . “The partition of the judicial authority between different courts and their relations to each other.” {Article III, Sections 1 and 2.} 

He examines the claim that the Supreme Court will become the supreme branch because it has the power “to construe the laws according to the spirit of the Constitution.” There is “not a syllable in the plan under consideration, which directly empowers the national courts to construe the laws according to the spirit of the constitution.”  It is true, however, that “the general theory of a limited Constitution” requires the courts to over turn a law in “evident opposition” to the Constitution.  But it is a “phantom” to expect judicial supremacy: judicial “misconstructions and contraventions of the will of the legislature may now and then happen, but they can never be so extensive as to amount to an inconvenience, or in any sensible degree to affect the order of the political system.” A second “phantom” is that the Congressional power to constitute “inferior courts” is intended to abolish state and local courts. And there is a third “phantom,” that the clause, “the Supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make,” is not an attempt to abolish the trial by jury at the state level.  Hamilton observes that the original jurisdiction of the Supreme Court “is confined to two classes of cases.”  

Federalist 82

This is the last of five essays written by Hamilton on the Judiciary. He continues A) 3 rd . “The partition of the judicial authority between different courts and their relations to each other.” Here, he discusses exclusive and concurrent jurisdictions between the general and state governments and invites the reader to consult Federalist 32.  In the process, he reiterates Madison’s remarks about “liquidation” in Federalist 37: It’s “time only that can mature and perfect so compound a system, can liquidate the meaning of all the parts, and can adjust them to each other in a harmonious and consistent WHOLE.”  

Federalist 83-84: Five Miscellaneous Republican Issues

Federalist 83.

1) Hamilton discusses the objection that “has met with most success”:  “ the want of a constitutional provision for the trial by jury in civil cases.”  This is the longest essay in The Federalist and the last of six essays in The Federalist that identify specific authors of Antifederalist writings.  Here, it is the “absolutely senseless” Report of the Pennsylvania Minority and the propositions of the Massachusetts Convention on trial by jury.  

The issue turns on how to interpret silence.  The Constitution provides for “the trial by jury in criminal cases,” but “is silent in respect to civil.” It is “absurd,” says Hamilton, to interpret “this silence” as “an implied prohibition of trial by jury in regard to the latter.”  There is a “material diversity” from state to state concerning trial by jury in civil cases for “the plan of the convention” to have imposed one uniform standard on all the states. Besides, the opposition grossly exaggerates “the inseparable connection between the existence of liberty and the trial by jury in civil cases.”  

Federalist 84

This second longest essay in The Federalist contains twenty-four paragraphs. Hamilton begins with a discussion of 2) “the most considerable” of the “remaining objections”:  “the plan of the convention contains no bill of rights.” This is contained in β 1- β 12.  He then turns in β 13-β 15 to 3) the location of the seat of government. An “extraordinary” objection is 4) “the want of some provision respecting the debts due to the United States.” This is covered in β 16. He turns, finally, in β 17- β 24, to the claim that 5) “the adoption of the proposed government would occasion a considerable increase of expense.”  

β 1, 2. “The most considerable of these remaining objections is that 2) the plan of the convention contains no bill of rights.” True, New York doesn’t have a “prefixed” bill of rights, but the opposition claim that the New York Constitution contains the “substance” of a bill of rights “in the body of it” and “adopts” the British “common and statute law.”  

β 3. “The Constitution proposed by the convention contains…a number of such provisions.” 

β 4.  He lists eight rights located “in the body” of the U. S.  Constitution: a) The post impeachment-conviction provision of Article I, Section 3; b) four rights from Article I, Section 9—the privilege of habeas corpus, no bill of attainder, no ex-post facto laws, and “no title of nobility;”–and c) three rights from Article III, Sections 2–the provision for trial by jury in criminal cases and the two parts of the treason clause. 

β 5. These are “of equal importance with any which are to be listed found in the constitution of this State.”  Blackstone, for example, thinks “the habeas corpus act” is “the BULWARK of the British Constitution.”

β 6. The prohibition on titles of nobility “may truly be denominated the cornerstone of republican government.”

β 7. The claim that the New York Constitution “adopts, in their full extent, the common and statute law of Great Britain” is simply false.  “They are expressly made subject ‘to such alterations and provisions as the legislature shall from time to time make concerning the same.’”

β 8.  “Bills of Rights are, in their origin, stipulations between kings and their subjects.” The “We the people” clause in the Preamble to the Constitution “is a better recognition of popular rights than volumes of those aphorisms which make the principle figure in several of our State bills of rights and which would sound much better in a treatise of ethics than in a constitution of government.” 

β 9, 10. “Bills of Rights…are not only unnecessary in the proposed Constitution but would even be dangerous.”  

β 11. A declaration protecting liberty of the press is “impracticable.”  We must seek its security “on public opinion, and on the general spirit of the government.” 

β 12. “The Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS.” It meets two vital objects of a bill of rights: it 1) declares and specifies “the political privileges of the citizens in the structure and administration of the government,” and 2) defines “certain immunities and modes of proceeding, which are relative to personal and private concerns.”

β 13-15.  Hamilton answers objection 3) that the citizens will lack the “proper knowledge” to judge the conduct of a government so far removed from the people. This will be “overbalanced by the effects of the vigilance of the State governments” on the conduct of  “persons employed in every department of the national administration.”  Moreover, “the public papers will be expeditious messengers of intelligence to the most remote inhabitants of the Union.”

β 16. An “extraordinary” objection is 4) “the want of some provision respecting the debts due to the United States.” This, says Hamilton, is simply “inflammatory.”

β 17- β 24.  He turns, finally, to the claim that 5) “the adoption of the proposed government would occasion a considerable increase of expense.” But look what we gain from the increase:  a new and improved system of government; “it is certain that a government less expensive would be incompetent to the purposes of the Union.”  One observer suggests that “the dreaded augmentation of expense” will spring from “the multiplication of offices under the new government.” This is ridiculous since there are few new offices.  True, the judges will be an added expense, but this will be of no “material consequence.” And this will “counterbalance” the decline in the expenses of a) Congress since “a great part” of their business “will be transacted by the President,” and b) the State legislatures since “the Congress under the proposed government will do all the business of United States themselves, without the interference of the State legislatures.”  But won’t there be an increase in the expense of running the House with an augmentation in the number of representatives? “No.” Currently, there are “sixty-five persons, and probably at no future period by above a fourth or a fifth of that number.”   

Part VII 

Federalist 85: analogy to state governments and added security to republicanism.

Hamilton informs his readers that “that there would appear still to remain for discussion two points {outlined in Federalist 1}: ‘the analogy of the proposed government to your own State constitution.’ And ‘the additional security which its adoption will afford to republican government, to liberty, and to property.’`’ These topics have been “exhausted” in previous essays. “I never expect to see a perfect work from imperfect man.” Surely the plan of the convention is more perfect than what we have under the Articles? Let’s not call for another convention.  Furthermore, isn’t it better to “obtain subsequent amendments than previous amendments to the Constitution?”  Remember, “seven out of the thirteen States” have already ratified the plan of the convention.  

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The Federalist Papers were a series of eighty-five essays urging the citizens of New York to ratify the new United States Constitution. Written by Alexander Hamilton, James Madison, and John Jay, the essays originally appeared anonymously in New York newspapers in 1787 and 1788 under the pen name "Publius." The Federalist Papers are considered one of the most important sources for interpreting and understanding the original intent of the Constitution.

  • The Federalist Papers - Full Text This web-friendly presentation of the original text of the Federalist Papers (also known as The Federalist ) was obtained from the e-text archives of Project Gutenberg.

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Title Page of "The Federalist" (N.Y. John Tiebout, 1799). 1799. Library of Congress Prints & Photographs Division.

Publius (pseudonym for james madison). “the federalist. no. x” in the new york daily advertiser. page 2. (november 22, 1787). library of congress serial and government publications division.

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The federalist : a collection of essays, written in favour of the new Constitution, as agreed upon by the Federal Convention, September 17, 1787. . Library of Congress Rare Book & Special Collections Division.

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The Federalist Papers

The Federalist Papers

The Federalist Papers are a series of 85 essays arguing in support of the United States Constitution . Alexander Hamilton , James Madison , and John Jay were the authors behind the pieces, and the three men wrote collectively under the name of Publius .

Seventy-seven of the essays were published as a series in The Independent Journal , The New York Packet , and The Daily Advertiser between October of 1787 and August 1788. They weren't originally known as the "Federalist Papers," but just "The Federalist." The final 8 were added in after.

Alexander Hamilton author of the Federalist Papers

At the time of publication, the authorship of the articles was a closely guarded secret. It wasn't until Hamilton's death in 1804 that a list crediting him as one of the authors became public. It claimed fully two-thirds of the essays for Hamilton. Many of these would be disputed by Madison later on, who had actually written a few of the articles attributed to Hamilton.

Once the Federal Convention sent the Constitution to the Confederation Congress in 1787, the document became the target of criticism from its opponents. Hamilton, a firm believer in the Constitution, wrote in Federalist No. 1 that the series would "endeavor to give a satisfactory answer to all the objections which shall have made their appearance, that may seem to have any claim to your attention."

Alexander Hamilton was the force behind the project, and was responsible for recruiting James Madison and John Jay to write with him as Publius. Two others were considered, Gouverneur Morris and William Duer . Morris rejected the offer, and Hamilton didn't like Duer's work. Even still, Duer managed to publish three articles in defense of the Constitution under the name Philo-Publius , or "Friend of Publius."

Hamilton chose "Publius" as the pseudonym under which the series would be written, in honor of the great Roman Publius Valerius Publicola . The original Publius is credited with being instrumental in the founding of the Roman Republic. Hamilton thought he would be again with the founding of the American Republic. He turned out to be right.

John Jay author of the Federalist Papers

John Jay was the author of five of the Federalist Papers. He would later serve as Chief Justice of the United States. Jay became ill after only contributed 4 essays, and was only able to write one more before the end of the project, which explains the large gap in time between them.

Jay's Contributions were Federalist: No. 2 , No. 3 , No. 4 , No. 5 , and No. 64 .

James Madison author of the Federalist Papers

James Madison , Hamilton's major collaborator, later President of the United States and "Father of the Constitution." He wrote 29 of the Federalist Papers, although Madison himself, and many others since then, asserted that he had written more. A known error in Hamilton's list is that he incorrectly ascribed No. 54 to John Jay, when in fact Jay wrote No. 64 , has provided some evidence for Madison's suggestion. Nearly all of the statistical studies show that the disputed papers were written by Madison, but as the writers themselves released no complete list, no one will ever know for sure.

Opposition to the Bill of Rights

The Federalist Papers, specifically Federalist No. 84 , are notable for their opposition to what later became the United States Bill of Rights . Hamilton didn't support the addition of a Bill of Rights because he believed that the Constitution wasn't written to limit the people. It listed the powers of the government and left all that remained to the states and the people. Of course, this sentiment wasn't universal, and the United States not only got a Constitution, but a Bill of Rights too.

No. 1: General Introduction Written by: Alexander Hamilton October 27, 1787

No.2: Concerning Dangers from Foreign Force and Influence Written by: John Jay October 31, 1787

No. 3: The Same Subject Continued: Concerning Dangers from Foreign Force and Influence Written by: John Jay November 3, 1787

No. 4: The Same Subject Continued: Concerning Dangers from Foreign Force and Influence Written by: John Jay November 7, 1787

No. 5: The Same Subject Continued: Concerning Dangers from Foreign Force and Influence Written by: John Jay November 10, 1787

No. 6:Concerning Dangers from Dissensions Between the States Written by: Alexander Hamilton November 14, 1787

No. 7 The Same Subject Continued: Concerning Dangers from Dissensions Between the States Written by: Alexander Hamilton November 15, 1787

No. 8: The Consequences of Hostilities Between the States Written by: Alexander Hamilton November 20, 1787

No. 9 The Union as a Safeguard Against Domestic Faction and Insurrection Written by: Alexander Hamilton November 21, 1787

No. 10 The Same Subject Continued: The Union as a Safeguard Against Domestic Faction and Insurrection Written by: James Madison November 22, 1787

No. 11 The Utility of the Union in Respect to Commercial Relations and a Navy Written by: Alexander Hamilton November 24, 1787

No 12: The Utility of the Union In Respect to Revenue Written by: Alexander Hamilton November 27, 1787

No. 13: Advantage of the Union in Respect to Economy in Government Written by: Alexander Hamilton November 28, 1787

No. 14: Objections to the Proposed Constitution From Extent of Territory Answered Written by: James Madison November 30, 1787

No 15: The Insufficiency of the Present Confederation to Preserve the Union Written by: Alexander Hamilton December 1, 1787

No. 16: The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union Written by: Alexander Hamilton December 4, 1787

No. 17: The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union Written by: Alexander Hamilton December 5, 1787

No. 18: The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union Written by: James Madison December 7, 1787

No. 19: The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union Written by: James Madison December 8, 1787

No. 20: The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union Written by: James Madison December 11, 1787

No. 21: Other Defects of the Present Confederation Written by: Alexander Hamilton December 12, 1787

No. 22: The Same Subject Continued: Other Defects of the Present Confederation Written by: Alexander Hamilton December 14, 1787

No. 23: The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union Written by: Alexander Hamilton December 18, 1787

No. 24: The Powers Necessary to the Common Defense Further Considered Written by: Alexander Hamilton December 19, 1787

No. 25: The Same Subject Continued: The Powers Necessary to the Common Defense Further Considered Written by: Alexander Hamilton December 21, 1787

No. 26: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered Written by: Alexander Hamilton December 22, 1787

No. 27: The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered Written by: Alexander Hamilton December 25, 1787

No. 28: The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered Written by: Alexander Hamilton December 26, 1787

No. 29: Concerning the Militia Written by: Alexander Hamilton January 9, 1788

No. 30: Concerning the General Power of Taxation Written by: Alexander Hamilton December 28, 1787

No. 31: The Same Subject Continued: Concerning the General Power of Taxation Written by: Alexander Hamilton January 1, 1788

No. 32: The Same Subject Continued: Concerning the General Power of Taxation Written by: Alexander Hamilton January 2, 1788

No. 33: The Same Subject Continued: Concerning the General Power of Taxation Written by: Alexander Hamilton January 2, 1788

No. 34: The Same Subject Continued: Concerning the General Power of Taxation Written by: Alexander Hamilton January 5, 1788

No. 35: The Same Subject Continued: Concerning the General Power of Taxation Written by: Alexander Hamilton January 5, 1788

No. 36: The Same Subject Continued: Concerning the General Power of Taxation Written by: Alexander Hamilton January 8, 1788

No. 37: Concerning the Difficulties of the Convention in Devising a Proper Form of Government Written by: Alexander Hamilton January 11, 1788

No. 38: The Same Subject Continued, and the Incoherence of the Objections to the New Plan Exposed Written by: James Madison January 12, 1788

No. 39: The Conformity of the Plan to Republican Principles Written by: James Madison January 18, 1788

No. 40: The Powers of the Convention to Form a Mixed Government Examined and Sustained Written by: James Madison January 18, 1788

No. 41: General View of the Powers Conferred by the Constitution Written by: James Madison January 19, 1788

No. 42: The Powers Conferred by the Constitution Further Considered Written by: James Madison January 22, 1788

No. 43: The Same Subject Continued: The Powers Conferred by the Constitution Further Considered Written by: James Madison January 23, 1788

No. 44: Restrictions on the Authority of the Several States Written by: James Madison January 25, 1788

No. 45: The Alleged Danger From the Powers of the Union to the State Governments Considered Written by: James Madison January 26, 1788

No. 46: The Influence of the State and Federal Governments Compared Written by: James Madison January 29, 1788

No. 47: The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts Written by: James Madison January 30, 1788

No. 48: These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other Written by: James Madison February 1, 1788

No. 49: Method of Guarding Against the Encroachments of Any One Department of Government Written by: James Madison February 2, 1788

No. 50: Periodic Appeals to the People Considered Written by: James Madison February 5, 1788

No. 51: The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments Written by: James Madison February 6, 1788

No. 52: The House of Representatives Written by: James Madison February 8, 1788

No. 53: The Same Subject Continued: The House of Representatives Written by: James Madison February 9, 1788

No. 54: The Apportionment of Members Among the States Written by: James Madison February 12, 1788

No. 55: The Total Number of the House of Representatives Written by: James Madison February 13, 1788

No. 56: The Same Subject Continued: The Total Number of the House of Representatives Written by: James Madison February 16, 1788

No. 57: The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Written by: James Madison February 19, 1788

No. 58: Objection That The Number of Members Will Not Be Augmented as the Progress of Population Demands Considered Written by: James Madison February 20, 1788

No. 59: Concerning the Power of Congress to Regulate the Election of Members Written by: Alexander Hamilton February 22, 1788

No. 60: The Same Subject Continued: Concerning the Power of Congress to Regulate the Election of Members Written by: Alexander Hamilton February 23, 1788

No. 61: The Same Subject Continued: Concerning the Power of Congress to Regulate the Election of Members Written by: Alexander Hamilton February 26, 1788

No. 62: The Senate Written by: James Madison February 27, 1788

No. 63: The Senate Continued Written by: James Madison March 1, 1788

No. 64: The Powers of the Senate Written by: John Jay March 5, 1788

No. 65: The Powers of the Senate Continued Written by: Alexander Hamilton March 7, 1788

No. 66: Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered Written by: Alexander Hamilton March 8, 1788

No. 67: The Executive Department Written by: Alexander Hamilton March 11, 1788

No. 68: The Mode of Electing the President Written by: Alexander Hamilton March 12, 1788

No. 69: The Real Character of the Executive Written by: Alexander Hamilton March 14, 1788

No. 70: The Executive Department Further Considered Written by: Alexander Hamilton March 15, 1788

No. 71: The Duration in Office of the Executive Written by: Alexander Hamilton March 18, 1788

No. 72: The Same Subject Continued, and Re-Eligibility of the Executive Considered Written by: Alexander Hamilton March 19, 1788

No. 73: The Provision For The Support of the Executive, and the Veto Power Written by: Alexander Hamilton March 21, 1788

No. 74: The Command of the Military and Naval Forces, and the Pardoning Power of the Executive Written by: Alexander Hamilton March 25, 1788

No. 75: The Treaty Making Power of the Executive Written by: Alexander Hamilton March 26, 1788

No. 76: The Appointing Power of the Executive Written by: Alexander Hamilton April 1, 1788

No. 77: The Appointing Power Continued and Other Powers of the Executive Considered Written by: Alexander Hamilton April 2, 1788

No. 78: The Judiciary Department Written by: Alexander Hamilton June 14, 1788

No. 79: The Judiciary Continued Written by: Alexander Hamilton June 18, 1788

No. 80: The Powers of the Judiciary Written by: Alexander Hamilton June 21, 1788

No. 81: The Judiciary Continued, and the Distribution of the Judicial Authority Written by: Alexander Hamilton June 25, 1788

No. 82: The Judiciary Continued Written by: Alexander Hamilton July 2, 1788

No. 83: The Judiciary Continued in Relation to Trial by Jury Written by: Alexander Hamilton July 5, 1788

No. 84: Certain General and Miscellaneous Objections to the Constitution Considered and Answered Written by: Alexander Hamilton July 16, 1788

No. 85: Concluding Remarks Written by: Alexander Hamilton August 13, 1788

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The Federalist Papers (1787-1788)

Additional text.

After the Constitution was completed during the summer of 1787, the work of ratifying it (or approving it) began. As the Constitution itself required, 3/4ths of the states would have to approve the new Constitution before it would go into effect for those ratifying states.

The Constitution granted the national government more power than under the Articles of Confederation . Many Americans were concerned that the national government with its new powers, as well as the new division of power between the central and state governments, would threaten liberty.

In order to help convince their fellow Americans of their view that the Constitution would not threaten freedom, James Madison , Alexander Hamilton , and John Jay teamed up in 1788 to write a series of essays in defense of the Constitution. The essays, which appeared in newspapers addressed to the people of the state of New York, are known as the Federalist Papers. They are regarded as one of the most authoritative sources on the meaning of the Constitution, including constitutional principles such as checks and balances, federalism, and separation of powers.

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Federalist or Anti-Federalist? Over the next few months we will explore through a series of eLessons the debate over ratification of the United States Constitution as discussed in the Federalist and Anti-Federalist papers. We look forward to exploring this important debate with you! One of the great debates in American history was over the ratification […]

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Federalist No. 1 Excerpts Annotated

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Federalist 10

Written by James Madison, this essay defended the form of republican government proposed by the Constitution. Critics of the Constitution argued that the proposed federal government was too large and would be unresponsive to the people.

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Primary Source: Federalist No. 26

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Primary Source: Federalist No. 33

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Handout E: Excerpts from Federalist No. 39, James Madison (1788)

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Primary Source: Excerpts from Federalist No. 44

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Handout B: Excerpts from Federalist No 10, 51, 55, and 57

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Handout I: Excerpts of Federalist No. 57

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Primary Source: Federalist No. 39

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Primary Source: Madison – Excerpts from Federalist No. 47 (1788)

An image of a large building.

Federalist 51

In this Federalist Paper, James Madison explains and defends the checks and balances system in the Constitution. Each branch of government is framed so that its power checks the power of the other two branches; additionally, each branch of government is dependent on the people, who are the source of legitimate authority.

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Handout A: Excerpts from Federalist No 62

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Primary Source: Excerpts from Federalist No. 63

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Federalist 70

In this Federalist Paper, Alexander Hamilton argues for a strong executive leader, as provided for by the Constitution, as opposed to the weak executive under the Articles of Confederation. He asserts, “energy in the executive is the leading character in the definition of good government.

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Primary Source: Federalist No. 78 Excerpts Annotated

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Primary Source: Federalist No. 84 Excerpts Annotated

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Introductory note: the federalist, [27 october 1787–28 may 1788], introductory note: the federalist.

[New York, October 27, 1787–May 28, 1788]

The Federalist essays have been printed more frequently than any other work of Hamilton. They have, nevertheless, been reprinted in these volumes because no edition of his writings which omitted his most important contribution to political thought could be considered definitive. The essays written by John Jay and James Madison, however, have not been included. They are available in many editions, and they do not, after all, properly belong in the writings of Alexander Hamilton.

The Federalist , addressed to the “People of the State of New-York,” was occasioned by the objections of many New Yorkers to the Constitution which had been proposed on September 17, 1787, by the Philadelphia Convention. During the last week in September and the first weeks of October, 1787, the pages of New York newspapers were filled with articles denouncing the Constitution. 1 The proposed government also had its defenders, but their articles were characterized by somewhat indignant attacks on those who dared oppose the Constitution rather than by reasoned explanations of the advantages of its provisions. 2

The decision to publish a series of essays defending the Constitution and explaining in detail its provisions was made by Alexander Hamilton. Both the reasons for his decision and the date on which he conceived the project are conjecturable. Having gone to Albany early in October to attend the fall session of the Supreme Court, he was not in New York City during the early weeks of the controversy over the Constitution. 3 He must, nevertheless, have concluded that if it were to be adopted, convincing proof of its merits would have to be placed before the citizens of New York. His decision to write the essays may have been made before he left Albany, for according to tradition he wrote the first number of The Federalist in the cabin of his sloop on the return trip to New York. 4

At some time before the appearance of the first essay, written under the pseudonym “Publius,” Hamilton sought and found collaborators, for the first essay, published in The [New York] Independent Journal: or, the General Advertiser on October 27, 1787, was followed in four days by an essay by John Jay. Neither Hamilton nor Jay left a record of any plans they might have made, but the third collaborator, James Madison, later wrote that “the undertaking was proposed by Alexander Hamilton to James Madison with a request to join him and Mr. Jay in carrying it into effect. William Duer was also included in the original plan; and wrote two or more papers, which though intelligent and sprightly, were not continued, nor did they make a part of the printed collection.” 5 Hamilton also sought the assistance of Gouverneur Morris, who in 1815 remembered that he had been “warmly pressed by Hamilton to assist in writing the Federalist.” 6

In reprinting the text of The Federalist the original manuscripts have been approximated as nearly as possible. As the first printing of each essay, despite typographical errors, was presumably closest to the original, the text published in this edition is that which was first printed. The texts of those essays among the first seventy-seven which were written by Hamilton or are of doubtful authorship are taken from the newspapers in which they first appeared; the texts of essays 78–85 are taken from the first edition of The Federalist , edited by John and Archibald McLean. 7

With the exception of the last eight numbers, all the issues of The Federalist were first printed in the newspapers of New York City. The first essay was published on October 27, 1787, in The Independent Journal: or, the General Advertiser , edited by John McLean and Company. Subsequent essays appeared in The Independent Journal and in three other New York newspapers: New-York Packet , edited by Samuel and John Loudon; The Daily Advertiser , edited by Francis Childs; and The New-York Journal, and Daily Patriotic Register , edited by Thomas Greenleaf. 8

The first seven essays, published between October 27 and November 17, 1787, appeared on Saturdays and Wednesdays in The Independent Journal , a semiweekly paper, and a day or two later in both New-York Packet and The Daily Advertiser . At the conclusion of essay 7 the following announcement appeared in The Independent Journal: “In order that the whole subject of these Papers may be as soon as possible laid before the Public, it is proposed to publish them four times a week, on Tuesday in the New-York Packet and on Thursday in the Daily Advertiser.” The intention thus was to publish on Tuesday in New-York Packet , on Wednesday in The Independent Journal , on Thursday in The Daily Advertiser , and on Saturday in The Independent Journal .

The announced plan was not consistently followed. On Thursday, November 22, The Daily Advertiser , according to the proposed schedule, published essay 10, but after its publication no other essay appeared first in that newspaper. To continue the proposed plan of publication—a plan which occasionally was altered by publishing three instead of four essays a week—the third “Publius” essay of the next week appeared on Friday in New-York Packet . After November 30 the essays appeared in the following manner: Tuesday, New-York Packet , Wednesday, The Independent Journal , Friday, New-York Packet , and Saturday, The Independent Journal . The third essay of the week appeared either on Friday in the Packet or on Saturday in The Independent Journal . This pattern of publication was followed through the publication of essay 76 (or essay 77, in the numbering used in this edition of Hamilton’s works) on April 2, 1788. The remaining essays were first printed in the second volume of McLean description begins The Federalist: A Collection of Essays, Written in Favour of the New Constitution, As Agreed upon by the Federal Convention, September 17, 1787. In Two Volumes (New York: Printed and Sold by J. and A. McLean, 1788). description ends ’s edition of May 28, 1788, and beginning on June 14 were reprinted, at intervals of several days, first in The Independent Journal and then in New-York Packet .

The first edition, printed by J. and A. McLean 9 and corrected by Hamilton, is the source from which most editions of The Federalist have been taken. On January 1, 1788, McLean description begins The Federalist: A Collection of Essays, Written in Favour of the New Constitution, As Agreed upon by the Federal Convention, September 17, 1787. In Two Volumes (New York: Printed and Sold by J. and A. McLean, 1788). description ends , having observed “the avidity” with which the “Publius” essays had been “sought after by politicians and persons of every description,” announced plans for the publication of “The FEDERALIST, A Collection of Essays, written in favour of the New Constitution, By a Citizen of New-York , Corrected by the Author, with Additions and Alterations.” 10 The promised volume, including the first thirty-six essays, was published on March 22, 1788. Hamilton was not altogether pleased with the volume, for he stated in the preface 11 that it contained “violations of method and repetitions of ideas which cannot but displease a critical reader.” Despite such imperfections, he hoped that the essays would “promote the cause of truth, and lead to a right judgment of the true interests of the community.” Interested readers were promised a second volume of essays as soon as the editor could prepare them for publication.

“This Day is published,” The Independent Journal advertised on May 28, 1788, “The FEDERALIST, VOLUME SECOND.” This volume contained the remaining essays, including the final eight which had not yet appeared in the newspapers. As in the first volume, there were editorial revisions which probably were made by Hamilton. The final eight essays, which first appeared in this volume were reprinted in The Independent Journal and in New-York Packet between June 14, 1788, and August 16, 1788.

In addition to the McLean edition, during Hamilton’s lifetime there were two French editions 12 and two American editions of The Federalist . The second American edition, printed by John Tiebout in 1799, was not a new printing but a reissue of the remaining copies of the McLean edition with new title pages. The third American edition, published in 1802, not only was a new printing; it also contained revisions presumably approved by Hamilton. It is this, the Hopkins description begins The Federalist On The New Constitution. By Publius. Written in 1788. To Which is Added, Pacificus, on The Proclamation of Neutrality. Written in 1793. Likewise, The Federal Constitution, With All the Amendments. Revised and Corrected. In Two Volumes (New York: Printed and Sold by George F. Hopkins, at Washington’s Head, 1802). description ends edition, which must be taken as Hamilton’s final version of The Federalist . 13

George F. Hopkins announced his plan for a new edition of The Federalist in the January 13, 1802, issue of New-York Evening Post . “Proposals, By G. F. Hopkins, 118 Pearl Street,” read the advertisement in the Post , “For Publishing by Subscription, in Two handsome Octavo Volumes, THE FEDERALIST, ON THE CONSTITUTION, BY PUBLIUS Written in 1788. TO WHICH IS ADDED, PACIFICUS, ON THE PROCLAMATION OF NEUTRALITY. Written in 1793. The whole Revised and Corrected. With new passages and notes .” Hopkins proposed not only to issue a revised text but to give the author of each essay; by naming Hamilton, Madison, and Jay as the authors of The Federalist , he publicly broke the poorly kept secrecy surrounding its authorship. Almost a year passed before Hopkins, on December 8, 1802, offered to the public “in a dress which it is believed will meet with general approbation” the new edition.

Although it is certain that Hamilton did not himself revise the text published in the Hopkins edition, available evidence indicates that he approved the alterations which were made. In 1847 J. C. Hamilton wrote to Hopkins requesting information on the extent to which Hamilton had made or approved the revisions. Hopkins replied that the changes had been made by a “respectable professional gentleman” who, after completing his work, had “put the volumes into the hands of your father, who examined the numerous corrections, most of which he sanctioned, and the work was put to press.” The editor, who was not named by Hopkins, was identified by J. C. Hamilton as John Wells, an eminent New York lawyer. The Hopkins edition, Hamilton’s son emphatically stated, was “ revised and corrected by John Wells … and supervised by Hamilton.” 14 Henry B. Dawson in his 1864 edition of The Federalist contested J. C. Hamilton’s conclusion and argued that the changes were made by William Coleman, editor of New-York Evening Post , and that they were made without Hamilton’s authorization or approval. According to Dawson, Hopkins declared on two different occasions in later years—once to James A. Hamilton and once to John W. Francis—that Hamilton refused to have any changes made in the essays. 15 Although it is impossible to resolve the contradictory statements on Hamilton’s participation in the revisions included in the 1802 edition of The Federalist , J. C. Hamilton presents the more convincing evidence. He, after all, quoted a statement by Hopkins description begins The Federalist On The New Constitution. By Publius. Written in 1788. To Which is Added, Pacificus, on The Proclamation of Neutrality. Written in 1793. Likewise, The Federal Constitution, With All the Amendments. Revised and Corrected. In Two Volumes (New York: Printed and Sold by George F. Hopkins, at Washington’s Head, 1802). description ends , while Dawson related only a conversation.

The McLean and Hopkins editions thus constitute Hamilton’s revision of the text of The Federalist . Hamilton made some minor changes in essays written by Jay and Madison—changes which in the McLean edition they presumably authorized. Jay never revised the essays he wrote, and it was not until 1818 that Madison authorized the publication of an edition which included his own corrections of his essays. This edition was published by Jacob Gideon, 16 a printer in Washington, D.C.

It is, then, from the newspapers of the day, the McLean edition of 1788, and the Hopkins edition of 1802 that a definitive text of Hamilton’s contribution to The Federalist must be reconstructed. In the present edition, as stated above, the texts of essays 1–77 have been taken from the newspapers in which they first appeared; the texts of essays 78–85 are from volume two of the McLean edition. All changes which Hamilton later made or approved in the texts of the essays he wrote have been indicated in notes. Thus in essays 1–77 all changes made in the McLean and Hopkins editions in Hamilton’s essays are given. In essays 78–85 all the changes which appeared in the Hopkins edition are noted. The edition in which a revision was made is indicated by a short title, either by the name “McLean” or “Hopkins.” To this rule there are, however, three exceptions: 1. When an obvious typographical error appears in the text taken from the newspaper, it has been corrected without annotation. 2. When in McLean there is a correction of a printer’s error which, if left unchanged, would make the text meaningless or inaccurate, that correction has been incorporated in the text; the word or words in the newspaper for which changes have been substituted are then indicated in the notes. 3. Obvious printer’s errors in punctuation have been corrected; a period at the end of a question, for example, has been changed to a question mark. When a dash is used at the end of a sentence, a period has been substituted.

Because of changes made in the McLean edition, the numbering of certain essays presents an editorial problem. When McLean, with Hamilton’s assistance, published the first edition of The Federalist , it was decided that the essay published in the newspaper as 35 should follow essay 28, presumably because the subject matter of 35 was a continuation of the subject treated in 28. It also was concluded, probably because of its unusual length, that the essay which appeared in the newspapers as essay 31 should be divided and published as two essays. When these changes were made, the original numbering of essays 29–36 was changed in the following way:

Newspaper Number Number in the McLean Edition
29 30
30 31
31 32 and 33
32 34
33 35
34 36
35 29

Essays 36–78 in the McLean edition thus were one number higher than the number given the corresponding essay in the newspaper.

Because McLean changed the numbers of some of the essays, later editors have questioned whether there were 84 or 85 essays. This is understandable, for there were only 84 essays printed in the newspapers, the essays 32 and 33 by McLean having appeared in the press as a single essay. The last essay printed in The Independent Journal accordingly was numbered 84. The last eight essays published in New-York Packet , on the other hand, were given the numbers used in the second volume of McLean’s edition. The last number of The Federalist printed by New-York Packet in April had been numbered “76”; the following essay, published in June, was numbered “78.” By omitting the number “77,” the editor of New-York Packet , like McLean, numbered the last of the essays “85.”

Later editions of The Federalist , except for that published by Henry B. Dawson, have followed the numbering of the McLean edition. Since no possible purpose would be served and some confusion might result by restoring the newspaper numbering, the essays in the present edition have been given the numbers used by McLean in 1788, and the newspaper number has been placed in brackets.

Almost a century and a half of controversy has centered on the authorship of certain numbers of The Federalist . Similar to most other eighteenth-century newspaper contributors, the authors of The Federalist chose to write anonymously. When The Federalist essays appeared in the press, many New Yorkers probably suspected that Hamilton, if not the sole author of the “Publius” essays, was the major contributor. Friends of Hamilton and Madison, and perhaps those of Jay, certainly knew that this was a joint enterprise and who the authors were. 17 The number of essays written by each author, if only because the question probably never arose, aroused no curiosity. The Federalist , after all, was written for the immediate purpose of persuading the citizens of New York that it was to their interest to adopt the Constitution; certainly not the authors, and probably few readers, realized that the essays which in the winter of 1788 appeared so frequently in the New York press under the signature of “Publius” would become a classic interpretation of the Constitution of the United States. In 1802, George F. Hopkins proposed to publish a new edition of The Federalist in which the authors would be identified; but because of Hamilton’s “decided disapprobation” 18 no identification of the authors was made in that edition. It was not until three years after Hamilton’s death that The Port Folio , a Philadelphia weekly, published a list of the authors of the essays, thus opening a controversy which still remains unsettled. 19

The evidence on the authorship of several of the essays is contradictory because both Hamilton and Madison made, or allegedly made, several lists in which they claimed authorship of the same essays. It is neither necessary nor instructive to discuss the minor discrepancies found in the claims by the two men in their respective lists. 20 The whole problem is simplified by keeping in mind that of the eighty-five essays the authorship of only fifteen is disputed. Despite contrary claims in several of the least credible lists published during the first two decades of the nineteenth century, it has long been accepted that Hamilton wrote essays 1, 6–9, 11–13, 15–17, 21–36, 59–61, and 65–85; that Madison was the author of essays 10, 14, 37–48; and that Jay contributed essays 2–5 and 64. 21 The authorship of only essays 18–20, 49–58, and 62–63 is therefore debatable.

The number of disputed essays can be reduced by examining the reliability of the several Madison and Hamilton lists. There are four reputed Madison lists: 1. An article, signed “Corrector,” which appeared in the National Intelligencer on March 20, 1817, and which, according to the anonymous author, was copied from “a penciled memorandum in the hand of Madison.” 22 2. A statement of authorship, supposedly endorsed by Madison, made by Richard Rush, a member of Madison’s cabinet, in his copy of The Federalist . 23 3. An article in the City of Washington Gazette , December 15, 1817, claiming to set forth a list “furnished by Madison himself.” 24 4. The edition of The Federalist published by Jacob Gideon in 1818, which based its attribution of authorship on Madison’s own “copy of the work which that gentleman had preserved for himself.” 25 There is no evidence that Madison approved the first three lists; the fourth, the Gideon edition, was not only based on Madison’s copy, but it was endorsed by him as correct.

Hamilton’s claims to authorship are more complicated. Despite statements by his partisans, there are only three Hamilton lists that merit the serious attention of the historian who applies any known tests for evaluating historical evidence. They are the so-called “Benson list,” the list allegedly preserved by Hamilton in his own copy of The Federalist , and the “Kent list.”

The Benson list, according to a story first related by William Coleman in March, 1817, was left by Hamilton, shortly before his death, between the pages of a book in the library of his long-time friend, Judge Egbert Benson. Arriving at Benson’s office, Hamilton was told by Robert Benson, Jr., Egbert’s nephew and clerk, that the Judge and Rufus King had gone to Massachusetts for a few days. As Hamilton conversed with the law clerk, he idly handled one of the volumes on the shelves in the office. After Hamilton’s death which occurred two days later, Benson remembered the incident and, looking in the book Hamilton had picked up, he found a scrap of paper, unsigned but in Hamilton’s hand, listing the essays he had written. 26 Judge Benson, according to the traditional account, pasted it on the inside cover of his copy of The Federalist but somewhat later, fearing that he might lose such a valuable document, deposited it in the New York Society Library. The memorandum was presumably stolen in 1818. 27

The existence of the Benson list was corroborated by two witnesses, Robert Benson and William Coleman. Coleman, editor of New-York Evening Post , is the less credible authority; he may have seen the Benson list, but it is significant that he never definitely stated that he did. The most emphatic statement that he made, elicited by the demands for proof made by an antagonist in a newspaper controversy over the authorship of The Federalist , was as follows:

“I, therefore, for the entire satisfaction of the public, now state, that the memorandum referred to is in General Hamilton’s own hand writing, was left by him with his friend judge BENSON, the week before his death, and was, by the latter, deposited in the city library, where it now is, and may be seen, pasted in one of the volumes of The Federalist .” 28

The statement of Robert Benson, the law clerk to whom Hamilton spoke on the day before his encounter with Burr, is more convincing, but it was made many years after the event, and it is far from being conclusive. “I was then a student in the office,” Benson recalled “and well known to the General” who called and enquired for Judge Benson.

“I replied that he had left the city with Mr. King. The General in his usual manner then went to the book case and took down a book which he opened and soon replaced, and left the office. Some time after the General’s death, a memorandum in his handwriting was found in a volume of Pliny’s letters, I think , which, I believe , was the book he took down, and which memorandum was afterwards wafered by the Judge in the inside cover of the first volume of the Federalist, and where it remained for several years. He subsequently removed it, and, as I understand , gave it to some public library.… The marks of the wafers still remain in the volume, and above them in Judge Benson’s handwriting is, what is presumed, and I believe to be , a copy of the General’s memorandum above referred to.” 29

The Benson list is suspect, then, because the claim for its authenticity is based on the evidence of two men neither of whom stated that he actually saw it. If there had not already been too much fruitless speculation on Hamilton’s thoughts and intentions, it would be interesting to explain why Hamilton chose such a roundabout method to make certain that future generations would recognize his contribution to such a celebrated book. Perhaps he knew that Robert Benson would search all the volumes in his uncle’s office on the suspicion that Hamilton, however uncharacteristically, had concealed a note on some important subject; or perhaps he thought that Benson frequently read Pliny’s Letters and thus could be sure the note would be found. One can speculate endlessly on the motives for Hamilton’s extraordinary behavior, but the significant fact is that the Benson list is inadequate as historical evidence.

Evidence of the existence of Hamilton’s own copy of The Federalist in which he supposedly listed the essays he wrote comes from a notice which appeared on November 14, 1807, in The Port Folio . “The Executors of the last will of General Hamilton,” the Philadelphia weekly announced, “have deposited in the Publick Library of New-York a copy of ‘ The Federalist ,’ which belonged to the General in his lifetime, in which he has designated in his own handwriting, the parts of that celebrated work written by himself, as well as those contributed by Mr. JAY and Mr. MADISON.” No one has seen Hamilton’s copy in the last 150 years; whether it existed or what happened to it, if it did exist, cannot now be known. 30

While the numbers claimed by Hamilton in the Benson list and in his own copy of The Federalist are the same, the list by Chancellor James Kent disagrees in several particulars from the other two. The Kent list, in the Chancellor’s own writing, was found on the inside cover of his copy of The Federalist , now in the Columbia University Libraries. Because of differences in the ink and pen he used, Kent’s statement may be divided into three parts, each of which was written at a different time. In the following copy of Kent’s notes the three parts are indicated by Roman numerals:

I. “I am assured that Numbers 2. 3. 4. 5. & 54 [number ‘6’ was later written over the number ‘5’] were written by John Jay. Numbers 10, 14. 37 to 48 [the number ‘9’ was later written over the number ‘8’] both inclusive & 53 by James Madison Jun. Numbers 18. 19. 20. by Messrs Madison & Hamilton jointly—all the rest by Mr. Hamilton.
II. “(Mr. Hamilton told me that Mr. Madison wrote No. 68 [the number ‘4’ was later written over the number ‘6’] & 69 [the number ‘4’ was later written over the number ‘6’] or from pa. 101 to 112 of Vol 2d)
III. “NB. I showed the above Mem. to General Hamilton in my office in Albany & he said it was correct saving the correction above made—See Hall’s Law Journal Vol 6 p 461.”

The numbers which were written over the numbers Kent first wrote are not in Kent’s writing. However familiar one is with the handwriting of another, it is difficult to determine if a single numeral is in his writing. But despite the impossibility of positive identification, a close comparison of numerals made by Hamilton with the numerals which were added to the Kent list strongly indicates that the changes are in the writing of Hamilton. The Kent list thus becomes the only evidence in Hamilton’s writing which now exists. See also James Kent to William Coleman, May 12, 1817 ( ALS , Columbia University Libraries).

Certain reasonable deductions can be made from the evidence presented by Kent’s notes. The ink clearly reveals that the three notes were made at different times. The information in part I of the notes was obtained from someone other than Hamilton, for otherwise Kent would not have written in part II “that Mr. Hamilton told me.” The information in part II must have been given to Kent in a conversation, for it is evident that Kent was not sure that he remembered what Hamilton had said or that Hamilton could remember, without reference to a copy of The Federalist , which essays he had written.

Part III—because it refers to Hamilton as “general” (a rank which he attained in 1798), and because the conversation alluded to took place in Albany—must have been made between 1800, the year in which Hamilton resumed his law practice after completing his duties as inspector general of the Army, and his death in 1804. The third section of Kent’s memorandum also indicates that Hamilton corrected and approved the Kent list. It constitutes, therefore, the most reliable evidence available on Hamilton’s claims of authorship. It should be noted, however, that Kent later doubted the accuracy of Hamilton’s memory, for on the page opposite his memorandum he pasted a copy of the article from the City of Washington Gazette , which stated that Madison had written essays 10, 14, 17, 18, 19, 21, 37–58, 62–63, and that Jay was the author of essays 2, 3, 4, 5, 64. Underneath this clipping Kent wrote:

“I have no doubt Mr. Jay wrote No 64 on the Treaty Power—He made a Speech on that Subject in the NY Convention, & I am told he says he wrote it. I suspect therefore from internal Ev. the above to be the correct List, & not the one on the opposite page.” 31

A comparison of the Kent list (for those essays claimed by Hamilton) with the Gideon edition (for those essays claimed by Madison) makes it clear that there is room for doubt only over the authorship of essays 18, 19, 20, 50, 51, 52, 54–58, and 62–63. About three of these—18, 19, and 20—there should be no dispute, for there is a statement by Madison which Hamilton’s claim does not really controvert. On the margin of his copy of The Federalist opposite number 18 Madison wrote:

“The subject matter of this and the two following numbers happened to be taken up by both Mr. H and Mr. M. What had been prepared by Mr. H who had entered more briefly into the subject, was left with Mr. M on its appearing that the latter was engaged in it, with larger materials, and with a view to a more precise delineation; and from the pen of the latter, the several papers went to the Press.”

The problem of determining the authorship of these three essays is merely one of deciding on the comparative contributions of the two men. Although there are several sentences which are very similar to remarks Hamilton recorded in the outline for his speech of June 18, 1787, on the Constitution, most of the material was undoubtedly supplied by Madison who without doubt wrote these essays. Essay 20, for example, is virtually a copy of notes which Madison had taken in preparation for the Constitutional Convention. 32 On the other hand, Hamilton, however slight his contribution, did contribute to these essays. The authorship of 50, 51, 52, 54, 55, 56, 57, 58, 62, and 63 is more difficult to determine, 33 but Madison’s claim as represented by the Gideon edition appears more convincing than Hamilton’s claim as represented by the Kent list.

Internal evidence has proved to be of little assistance in determining the authorship of The Federalist . The ablest studies in this field are those by Edward G. Bourne 34 and J. C. Hamilton. 35 Bourne attributes all disputed essays to Madison; J. C. Hamilton asserts that they were written by his father. Bourne and J. C. Hamilton attempt to prove their respective cases by printing excerpts from the disputed essays parallel to similar, and sometimes identical, passages from other writings by each man. Bourne presents very convincing evidence for Madison’s authorship of numbers 49, 51, 53, 62, 63, and a fair case for Madison having written numbers 50 and 52; his case for 54, 55, 56, 57, and 58 is particularly weak as he offers no evidence from Madison’s other writings and relies on the argument that, as essays 48–58 are a group, the author who wrote the earlier essays must also have written the later ones in the group. J. C. Hamilton, on the other hand, produces some evidence that Hamilton wrote essays 55–58, and he offers contrived and unconvincing arguments in support of Hamilton’s authorship of the remaining disputed essays. The significant point, however, is that each man was able to find evidence that his candidate wrote all the disputed essays. The contradictory conclusions of these two men—one of whom studied intensively the previous writings of Madison and the other whose life-long study of his father gave him a knowledge of Hamilton’s writings which never has been excelled—point up the difficulties of deciding this dispute on the basis of internal evidence.

The problems posed by internal evidence are made even more difficult by the fact that both Hamilton and Madison defended the Constitution with similar arguments and by the fact that they both had a remarkably similar prose style. To attempt to find in any of the disputed essays words which either man used and which the other never employed is futile, if only because the enormous amount which each wrote allows the assiduous searcher to discover almost any word in the earlier or subsequent writings of both. 36 The search for parallel statements in the disputed essays and in earlier writings is also an unrewarding enterprise. Madison doubtless did not approve of the ideas expressed in Hamilton’s famous speech on June 18, 1787, to the Convention; but before 1787 both men agreed on the weaknesses of the Confederation and the necessity of a stronger central government. 37 The similarity of their thinking is particularly apparent to one who examines their collaboration when they were both members of the Continental Congress in 1783. Their later political differences prove little about what they wrote in 1787–88.

If one were to rely on internal evidence, it would be impossible to assign all the disputed essays to either Hamilton or Madison. While such evidence indicates that Madison surely wrote numbers 49–54 and probably 62–63, it also suggests that Hamilton wrote 55–58. In this edition of Hamilton’s writings, however, greater weight is given to the claims made by the disputants than to internal evidence. Madison’s claims were maturely considered and emphatically stated; Hamilton, on the other hand, showed little interest in the question, and he died before it had become a matter of acrimonious controversy. But the fact remains that Hamilton’s claims have never been unequivocally refuted, and the possibility remains that he could have written essays 50–52, 54–58, 62–63. As a consequence, these essays have been printed in this edition of Hamilton’s writings. Madison’s adherents may, however, derive some consolation from the fact that in the notes to each of these essays it is stated that Madison’s claims to authorship are superior to those of Hamilton.

1 .  The most important of these was by “Cato,” presumably George Clinton. The first “Cato” letter was published in The New-York Journal, and Weekly Register on September 27, 1787.

2 .  See, for example, the two articles by “Caesar” ( September 28 and October 15, 1787 ), which erroneously have been attributed to H.

3 .  An anonymous newspaper article, signed “Aristides” and published in The [New York] Daily Advertiser on October 6, stated that H’s absence from the city prevented him from defending himself against newspaper attacks. An entry in H’s Cash Book dated November 4 (see “Cash Book,” March 1, 1782–1791 ) indicates that he attended the October session of the Supreme Court in Albany.

4 .  The story was first related in Hamilton, History description begins John C. Hamilton, Life of Alexander Hamilton, a History of the Republic of the United States of America (Boston, 1879). description ends III, 369, and has been repeated in most works on The Federalist .

5 .  A memorandum by Madison entitled “The Federalist,” quoted in J. C. Hamilton, ed., The Federalist: a Commentary on the Constitution of the United States. A Collection of Essays by Alexander Hamilton, Jay, and Madison. Also, The Continentalist and Other Papers by Hamilton (Philadelphia, 1865), I, lxxxv.

The essays by William Duer, signed “Philo-Publius,” are published at the end of the second volume of J. C. Hamilton’s edition of The Federalist .

6 .  Morris to W. H. Wells, February 24, 1815, in Sparks, The Life of Gouverneur Morris description begins Jared Sparks, The Life of Gouverneur Morris (Boston, 1832). description ends , III, 339.

7 .  Drafts of only two essays, 5 and 64, both of which were written by John Jay, have been found. The draft of essay 5 is in the John Jay Papers, Columbia University Libraries. The draft of essay 64 is in the New-York Historical Society, New York City. The draft of essay 3 is now owned by Mr. Ruddy Ruggles of Chicago.

8 .  Most writers have stated that all the essays first appeared in The Independent Journal: or, the General Advertiser or New-York Packet . Others (J. C. Hamilton and Henry B. Dawson, for example) were aware that they appeared first in different newspapers, but they did not determine accurately the newspaper in which each essay first appeared.

The Independent Journal and New-York Packet carried the entire series of essays, while The Daily Advertiser ceased to print them after essay 51. The New-York Journal carried only essays 23 through 39. At no time, however, did an essay appear in The New-York Journal without appearing in at least one of the three other papers at the same time. On January 1, 1788, Thomas Greenleaf, editor of the Journal and supporter of George Clinton, printed a letter signed “45 Subscribers” which complained about Greenleaf’s publication of “Publius,” which was already appearing in three newspapers. Shortly after this, on January 30, 1788, Greenleaf discontinued publication of the essays with number 39 (numbered by him 37).

9 .  The full title is The Federalist: A Collection of Essays, Written in Favour of the New Constitution, As Agreed Upon by the Federal Convention, September 17, 1787. In Two Volumes (New York: Printed and Sold by J. and A. McLean, No. 41, Hanover-Square. MDCCLXXXVIII). This is referred to hereafter as the “McLean edition.”

10 .  The Independent Journal: or, the General Advertiser January 1, 1788.

11 .  There is no question that H was the author of the preface and that he corrected the essays. Not only was this stated by McLean’s advertisement, but Madison, writing years later, said that the essays “were edited as soon as possible in two small vols. the preface to the 1st. vol. drawn up by Mr. H., bearing date N. York Mar. 1788” ( Hunt, Writings of Madison description begins Gaillard Hunt, ed., The Writings of James Madison (New York, 1902). description ends , VIII, 411).

12 .  The first French edition, published in two volumes in 1792, listed the authors as “MM. Hamilton, Madisson et Gay, Citoyens de l’Etat de New-York.” The second edition, published in 1795 and also in two volumes, named “MM. Hamilton, Madisson et Jay” as the authors. For a description of these editions, see The Fœderalist: A Collection of Essays, Written in Favor of the New Constitution, as Agreed upon by the Fœderal Convention, September 17, 1787. Reprinted from the Original Text . With an Historical Introduction and Notes by Henry B. Dawson. In Two Volumes (Morrisania, New York, 1864), I, lxiv–lxvi.

13 .  The FEDERALIST, On the New Constitution. By Publius. Written in 1788. To Which is Added, PACIFICUS, On the Proclamation of Neutrality. Written in 1793. Likewise, The Federal Constitution, With All the Amendments. Revised and Corrected. In Two Volumes (New York: Printed and Sold by George F. Hopkins, At Washington’s Head, 1802). Cited hereafter as the “Hopkins edition.”

14 .  J. C. Hamilton, The Federalist description begins John C. Hamilton, ed., The Federalist: A Commentary on the Constitution of the United States. A Collection of Essays by Alexander Hamilton, Jay, and Madison. Also, The Continentalist and Other Papers by Hamilton (Philadelphia, 1865). description ends , I, xci, xcii.

15 .  Henry B. Dawson, The Fœderalist , I, lxx–lxxi.

16 .  The Federalist, on The New Constitution, written in the year 1788, By Mr. Hamilton, Mr. Madison, and Mr. Jay with An Appendix, containing The Letters of Pacificus and Helvidius, on the Proclamation of Neutrality of 1793; Also the Original Articles of Confederation, and The Constitution of the United States, with the Amendments Made Thereto. A New Edition. The Numbers Written by Mr. Madison corrected by Himself (City of Washington: Printed and Published by Jacob Gideon, Jun., 1818). Cited hereafter as the “Gideon edition.”

17 .  Three days after the publication of the first essay, Hamilton sent George Washington a copy of it. Hamilton wrote that the essay was “the first of a series of papers to be written in its [the Constitution’s] defense.” Washington, of course, knew that H was the author, for H customarily sent to Washington anonymous newspaper articles which he wrote. On December 2, 1787, Madison wrote to Edmund Randolph:

“The enclosed paper contains two numbers of the Federalist. This paper was begun about three weeks ago, and proposes to go through the subject. I have not been able to collect all the numbers, since my return to Philad, or I would have sent them to you. I have been the less anxious, as I understand the printer means to make a pamphlet of them, when I can give them to you in a more convenient form. You will probably discover marks of different pens. I am not at liberty to give you any other key, than, that I am in myself for a few numbers; and that one, besides myself was a member of the Convention.” ( Hunt, Writings of Madison description begins Gaillard Hunt, ed., The Writings of James Madison (New York, 1902). description ends , V, 60–61.)

18 .  The first edition of The Federalist which attributed specific essays to individual authors appeared as the second and third volumes of a three-volume edition of H’s writings published in 1810 ( The Federalist, on the new constitution; written in 1788, by Mr. Hamilton, Mr. Jay, and Mr. Madison … A new edition, with the names and portraits of the several writers . In Two Volumes [New York, published by Williams & Whiting, 1810]).

19 .  The letter in The Port Folio of November 14, 1807, reads as follows:

“Mr. OLDSCHOOL,

“The Executors of the last will of General HAMILTON have deposited in the Publick Library of New-York a copy of ‘ The Federalist ,’ which belonged to the General in his lifetime, in which he has designated, in his own hand-writing, the parts of that celebrated work written by himself, as well as those contributed by Mr. JAY and Mr. MADISON. As it may not be uninteresting to many of your readers, I shall subjoin a copy of the General’s memorandum for publication in ‘The Port Folio.’   M.

“Nos. 2, 3, 4, 5, 54 Mr. JAY. Nos. 10, 14, 37, to 48 inclusive, Mr. MADISON. Nos. 18, 19, 20, Mr. HAMILTON and Mr. MADDISON jointly—all the rest by Mr. HAMILTON.”

20 .  There are several lists other than those subsequently discussed in the text. On the flyleaf of volume 1 of his copy of The Federalist , Thomas Jefferson wrote the following: “No. 2. 3. 4. 5. 64 by Mr. Jay. No. 10. 14. 17. 18. 19. 21. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 62. 63. by Mr. Madison. The rest of the work by Alexander Hamilton.” Jefferson’s copy of The Federalist , now in the Rare Book Room of the Library of Congress, came to him indirectly from H’s wife, Elizabeth. It bears the inscription: “For Mrs. Church from her Sister . Elizabeth Hamilton.” The words, “For Mrs. Church from her Sister ,” are in the handwriting of Elizabeth Hamilton. Angelica Schuyler Church, despite her admiration for her brother-in-law, had long been a friend of Jefferson and must have sent her copy of The Federalist to him. It is not known from whom Jefferson got his information on the authorship of the essays, but presumably it was from Madison. It will be noted that there is only one minor difference between Jefferson’s attribution of the essays and that made by Madison: Jefferson attributed essay 17 to Madison. A facsimile is printed in E. Millicent Sowerby, Catalog of the Library of Thomas Jefferson (Washington, D.C., 1953), III, 228.

On the title page of George Washington’s copy of The Federalist there is an assignment of authorship which reads as follows: “Jay author—1, 2, 3, 4, 5, and 54. Madison—10, 14, 37–48 exclusive of last. 18, 19, 20, productive of Jay, AH and Madison. All rest by Gen’l Hamilton.” This memorandum is in an unidentified handwriting. Except for two differences it conforms to the Benson list. Without more information on the source of the list, its reliability is highly suspect (Washington’s copy of The Federalist is in the National Archives).

Henry Cabot Lodge in his edition of The Federalist ( HCLW description begins Henry Cabot Lodge, ed., The Works of Alexander Hamilton (New York, 1904). description ends , XI, xxvii), placed in evidence lists of authors which he found in copies of The Federalist owned by Fisher Ames and George Cabot. Both correspond to the Benson list.

21 .  Jay’s authorship of these essays is incontestable. H supposedly stated in the Benson list that he wrote 64 and that Jay was the author of 54. The draft of 64, in the writing of Jay, is in the New-York Historical Society, New York City. Both H and Madison agreed that Jay wrote 2, 3, 4, and 5.

That Jay contributed only five essays was due to an attack of rheumatism which lasted through the winter of 1787. It was not due, as his earlier biographers stated, to an injury which he received in the “Doctors’ Riot” in New York. The riot did not occur until April, 1788, by which time most of the “Publius” essays had been written (Frank Monaghan, John Jay [New York, 1935], 290).

22 .  “I take upon me to state from indubitable authority,” Corrector wrote “that Mr. Madison wrote Nos. 10, 14, 18, 19, 20, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 62, 63, and 64. Mr. Jay wrote Nos. 2, 3, 4, and 5; and Mr. Hamilton the residue” ([Washington] National Intelligencer , March 20, 1817).

23 .  Benjamin Rush, the oldest son of Richard, sent Henry B. Dawson the following description of the notes in the edition of The Federalist owned by his father: “On a fly-leaf of the second volume there is the following memorandum in my father’s handwriting. I copy it exactly as it appears: ‘The initials, J.M. J.J. and A.H. throughout the work, are in Mr. Madison’s hand, and designate the author of each number. By these it will be seen, that although the printed designations are generally correct, they are not always so’” (Benjamin Rush to Dawson, August 29, 1863, New-York Historical Society, New York City).

Madison’s attribution of authorship, according to Benjamin Rush, was exactly the same as that which the Virginian authorized in the Gideon edition.

24 .  The anonymous author of the article in the City of Washington Gazette stated that Madison wrote essays 10, 14, 17, 18, 19, 21, 37–58, 62–63, that Jay was the author of essays 2, 3, 4, 5, and 64, and that H wrote the rest.

25 .  Gideon, p. 3. In this edition, essays 10, 14, 18–20, 37–58, 62–63 are assigned to Madison; 2, 3, 4, 5, and 64 to Jay; and the remainder to H. Madison’s copy of The Federalist , with corrections in his handwriting, is in the Rare Book Room of the Library of Congress.

26 .  The memorandum by H, as printed by William Coleman, reads as follows: “Nos. 2. 3. 4. 5. 54, Mr. Jay; Nos. 10, 14, 37 to 48 inclusive, Mr. Madison; Nos. 18, 19, 20, Mr. Hamilton and Mr. Madison jointly; all the rest by Mr. Hamilton” ( New-York Evening Post , March 25, 1817).

27 .  According to Coleman the memorandum was deposited by Egbert Benson in “the city library,” as the New York Society Library was then sometimes known. The remainder of the story related in this paragraph is taken from J. C. Hamilton’s account of a “ Copy of a statement in my possession made for me by Egbert Benson, Esq., a nephew of Judge Benson.” It is quoted in Hamilton, The Federalist description begins John C. Hamilton, ed., The Federalist: A Commentary on the Constitution of the United States. A Collection of Essays by Alexander Hamilton, Jay, and Madison. Also, The Continentalist and Other Papers by Hamilton (Philadelphia, 1865). description ends , I, xcvi–xcvii.

28 .  New-York Evening Post , January 23, 1818.

The volume from which the memorandum was stolen may have been at one time in the New York Society Library; however, it is no longer there. That library has no McLean edition of The Federalist that bears any marks which indicate that a piece of paper once had been pasted on the inside cover.

29 .  Hamilton, The Federalist description begins John C. Hamilton, ed., The Federalist: A Commentary on the Constitution of the United States. A Collection of Essays by Alexander Hamilton, Jay, and Madison. Also, The Continentalist and Other Papers by Hamilton (Philadelphia, 1865). description ends , I, xcvi–xcvii. The italics have been inserted.

J. C. Hamilton did not get this statement from Robert Benson. It was, as has been stated, from the “ Copy of a statement in my possession made for me by Egbert Benson, Esq., a nephew of Judge Benson” ( ibid. , xcvii).

30 .  For the attribution of authorship which H made in his copy of The Federalist , see note 20.

H’s copy is now in neither the New York Society Library, the New-York Historical Society, nor the New York Public Library, and those libraries have no record of ever having owned it. G. W. Cole, ed., A Catalogue of Books Relating to the Discovery and Early History of North and South America, The E. D. Church Library (New York, 1907), V, Number 1230, lists an item purporting to be H’s copy of The Federalist with notes in his writing. According to the librarian of the Huntington Library, San Marino, California, which acquired the Church library, the notes were not in the writing of H. The book, which is no longer in the Huntington Library, was sold to an unknown purchaser.

J. C. Hamilton, probably unintentionally, contradicts the statement that the names of the authors in his father’s copy of The Federalist were in H’s handwriting. He stated that his father dictated to him the authors of the essays which he then copied into H’s copy ( The Federalist description begins John C. Hamilton, ed., The Federalist: A Commentary on the Constitution of the United States. A Collection of Essays by Alexander Hamilton, Jay, and Madison. Also, The Continentalist and Other Papers by Hamilton (Philadelphia, 1865). description ends , I, xcvi–xcvii).

31 .  Not too much reliance should be placed on Kent’s endorsement of the Madison list in the City of Washington Gazette . According to that list, Madison wrote not only all the disputed essays but also essay 17. As Madison’s most ardent defenders assign this essay to H, it seems that Kent’s statement indicated nothing more than his suspicion that H may have made errors in his assignment of authors of the essays.

While Kent’s statement shows that he doubted the accuracy of the attribution of essays made by H, it raises several questions that cannot satisfactorily be answered. The clipping from the City of Washington Gazette was dated December 15, 1817, and the notes on the opposite page of the flyleaf, as stated in the text, could not have been written later than 1804. How, then, could Kent have written that he doubted that Jay wrote essay 64 when the essay was attributed to Jay on a page which was in front of Kent as he wrote? The only possible answer is that Kent, when writing in 1817 or later, failed to look carefully at the changes which had been made in his earlier memorandum and had his uncorrected list in mind. Whatever the explanation for his later statement, it is at least certain that he did not change the earlier list after he saw the article in the City of Washington Gazette .

32 .  “Notes of Ancient and Modern Confederacies, preparatory to the federal Convention of 1787” ( Madison, Letters description begins James Madison, Letters and Other Writings of James Madison (Philadelphia, 1867). description ends , I, 293–315).

33 .  A favorite argument of those who support Madison’s claim to essays 49–58 of The Federalist is that since those essays constitute a unit, one man must have written all of them. The essays deal with: 1. the necessity of the departments of government having checks on each other, and 2. the House of Representatives. Madison’s defenders, in their desire to prove his authorship, forget that essays 59, 60, and 61, essays which they attribute to H, also deal with the House of Representatives. There are, furthermore, several obvious breaks in continuity among the essays from 48 to 58, at which a change of authors could have taken place. Essay 51, for example, ends the discussion of the necessity that “these departments shall be so far connected and blended as to give to each a constitutional control over the others,” and essay 52 begins the discussion of the House of Representatives. A change could also have occurred after essay 54 or essay 57. This is not to say that changes in authorship did occur; it is to indicate that the “unit” argument will not stand up under scrutiny.

34 .  “The Authorship of the Federalist,” The American Historical Review , II (April, 1897), 443–60.

35 .  The fact that only Bourne and J. C. Hamilton are cited does not mean that other studies of the authorship of The Federalist have been ignored or overlooked. It means rather that other authors, while sometimes introducing new arguments, have relied heavily on the research of Bourne and J. C. Hamilton. To cite all those who have agreed with Bourne or Hamilton would be redundant; to summarize all the arguments of the numerous students of The Federalist —based for the most part on Bourne and Hamilton’s original research—is a task best left to the historiographer of that work.

There have been, of course, other able studies of the authorship of the disputed essays. Among the defenders of H’s claim, Henry Cabot Lodge (“The Authorship of the Federalist,” HCLW description begins Henry Cabot Lodge, ed., The Works of Alexander Hamilton (New York, 1904). description ends , XI, xv–xlv) and Paul L. Ford (“The Authorship of The Federalist,” The American Historical Review , II [July, 1897], 675–82) have been the most able advocates. The most convincing exponent of Madison’s claim since Bourne is Douglass Adair (“The Authorship of the Disputed Federalist Papers,” The William and Mary Quarterly , 3rd. ser., Vol. I, Numbers 2 and 3 [April and July, 1944], 97–122, 235–64). In two essays which brilliantly summarize the century-old controversy over the authorship of the disputed essays, Adair amplifies the research of Bourne and attempts to assign the disputed essays on the basis of the political philosophy which they reveal.

36 .  See, for example, S. A. Bailey, “Notes on Authorship of Disputed Numbers of the Federalist,” Case and Comment , XXII (1915), 674–75. Bailey credits Madison with sole authorship of the disputed essays on the basis of the use of the word “while” by H and “whilst” by Madison. Although the evidence for Bailey’s conclusion is convincing—and there is far more evidence than he produces—his argument is destroyed by H’s occasional use of “whilst.” In essay 51, for example, H, who himself edited the essays for publication by McLean, substituted “whilst” for “and.” In essay 81, certainly written by H, the word “whilst” is used. Edward G. Bourne (see note 35), to give another example, offers as evidence for Madison’s authorship of essay 56 his use of the word “monitory,” which, according to Bourne, was “almost a favorite word with Madison.” Yet in essay 26, H, in revising the essays for publication in the McLean edition, changed “cautionary” to “monitory.” Similarly, to assign authorship on the basis of differences in the spelling of certain words in different essays—for example, “color” or “colour,” “federal” or “fœderal”—would be hazardous. The editors of the various newspapers in which the essays appeared obviously changed the spelling of certain words to conform to their individual preferences.

37 .  Similarity between a statement in one of the disputed essays and an earlier remark in the writings of either Madison or H is perhaps valid evidence. It does not seem relevant, however, to attempt to prove authorship by reference to the later writings of either of the men. As both presumably read all the essays, they might later have borrowed a statement from a number of The Federalist written by the other without being aware of its source.

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The Federalist Papers

By alexander hamilton , james madison , john jay, the federalist papers summary and analysis of essay 51.

James Madison begins his famous federalist paper by explaining that the purpose of this essay is to help the readers understand how the structure of the proposed government makes liberty possible. Each branch should be, in Madison's opinion, mostly independent. To assure such independence, no one branch should have too much power in selecting members of the other two branches. If this principle were strictly followed, it would mean that the citizens should select the president, the legislators, and the judges. But the framers recognized certain practical difficulties in making every office elective. In particular, the judicial branch would suffer because the average person is not aware of the qualifications judges should possess. Judges should have great ability, but also be free of political pressures. Since federal judges are appointed for life, their thinking will not be influenced by the president who appoints them, nor the senators whose consent the president will seek.

The members of each branch should not be too dependent on the members of the other two branches in the determination of their salaries. The best security against a gradual concentration of power in any one branch is to provide constitutional safeguards that would make such concentration difficult. The constitutional rights of all must check one man's personal interests and ambitions. We may not like to admit that men abuse power, but the very need for government itself proves they do: "if men were angels, no government would be necessary." Unfortunately, all men are imperfect, the rulers and the ruled. Consequently, the great problem in framing a government is that the government must be able to control the people, but equally important, must be forced to control itself. The dependence of the government on the will of the people is undoubtedly the best control, but experience teaches that other controls are necessary.

Dividing power helps to check its growth in any one direction, but power cannot be divided absolutely equally. In the republican form of government, the legislative branch tends to be the most powerful. That is why the framers divided the Congress into two branches, the House of Representatives and the Senate, and provided for a different method of election in each branch. Further safeguards against legislative tyranny may be necessary.

In a representative democracy it is not only important to guard against the oppression of rulers, it is equally important to guard against the injustice which may be inflicted by certain citizens or groups. Majorities often threaten the rights of minorities. There are only two methods of avoiding evil. The first is to construct a powerful government, a "community will." Such a "will' is larger than, and independent of, the simple majority. This "solution" is dangerous because such a government might throw its power behind a group in society working against the public good. In our country, the authority to govern comes from the entire society. In addition, under the Constitution society is divided into many groups of people who hold different views and have different interests. This makes it very difficult for one group to dominate or threaten the minority groups.

Justice is the purpose of government and civil society. If government allows or encourages strong groups to combine together against the weak, liberty will be lost and anarchy will result. And the condition of anarchy tempts even strong individuals and groups to submit to any form of government, no matter how bad, which they hope will protect them as well as the weak.

Madison concludes that self-government flourishes in a large country containing many different groups. Some countries are too large for self-government, but the proposed plan modifies the federal principle enough to make self-government both possible and practical in the United States.

In this essay, Madison's thoughts on factionalism are delineated clearly. As we observed earlier, he assumed that conflicts of interests are inherent in human nature, and he recognized that, as a consequence, people fall into various groups. He wanted to avoid a situation in which any one group controlled the decisions of a society. Free elections and the majority principle protected the country from dictatorship, that is, the tyranny of a minority. However, he was equally concerned about the greater risk of tyranny of the majority. A central institutional issue for him was how to minimize this risk.

Madison's solution characteristically relied not only on formal institutions, which could be designed, but also on the particular sociological structure of American society, which he took as a fortunate starting point for the framers of the new constitution. The institutional component in his solution was checks and balances, so that there were multiple entry points into the government and multiple ways to offset the power that any one branch of the government might otherwise acquire over another. In this system, "the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on each other."

These institutional arrangements were reinforced by the sociological fact that the Republic contained a multiplicity of interests that could, and did, offset one another: "While all authority in it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests and classes of citizens that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority." It is good that there are many group interests; that they be numerous is less important than that they be impermanent and shifting alliances whose components vary with the specific policy issue.

Madison commenced the statement of his theory in Federalist 51 with an acknowledgement that the "have nots" in any society are extremely likely to attack the "haves." Like Hamilton, the Virginian believed class struggle to be inseparable from politics. "It is of great importance in a republic not only to guard against the oppression of its rulers," Madison writes, "but to guard one part of the society against the injustice of the other. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest the rights of the minority will be insecure."

Madison, it is clear, had emancipated himself from the sterile dualistic view of society that was so common in the eighteenth century and that so obsessed Hamilton. Madison was one of the pioneers of "pluralism" in political thought. Where Hamilton saw the corporate spirit of the several states as poisonous to the union, Madison was aware that the preservation of the state governments could serve the cause of both liberty and union. Finally, the vastness of the United States, a fact that Hamilton considered the prime excuse for autocracy, was recognized by Madison as the surest preservative of liberty. To assert after reading this passage that Alexander Hamilton wrote Federalist 51 is to imply, first, that he was a magician in mimicking Madison's very words and tone of vote, and second that he was the most disingenuous hypocrite that ever wrote on politics. No unprejudiced or informed historian would accept this latter charge against Hamilton.

It is interesting to note that the Federalist papers are unique, as shown in this paper, because of the extreme amount of thought that was put into the design of the Constitution, as shown in Madison's original thought process that were penned in 51. Many, if not most, changes in institutional design, occur as the reactions of shortsighted people to what they perceive as more-or-less short-range needs. This is one reason the Constitutional Convention was a remarkable event. The Founding Fathers set out deliberately to design the form of government that would be most likely to bring about the long-range goals that they envisaged for the Republic. What is most unusual about Madison, in contrast to the other delegates, is the degree to which he thought about the principles behind the institutions he preferred. Not only did he practice the art of what nowadays is deemed institutional design, but he developed, as well, the outlines of a theory of institutional design that culminated in this essay.

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The Federalist Papers Questions and Answers

The Question and Answer section for The Federalist Papers is a great resource to ask questions, find answers, and discuss the novel.

how are conflictstoo often decided in unstable government? Whose rights are denied when this happens?

In a typical non-democratic government with political instability, the conflicts are often decided by the person highest in power, who abuse powers or who want to seize power. Rival parties fight each other to the detriment of the country.

How Madison viewed human nature?

Madison saw depravity in human nature, but he saw virtue as well. His view of human nature may have owed more to John Locke than to John Calvin. In any case, as Saul K. Padover asserted more than a half-century ago, Madison often appeared to steer...

How arguable and provable is the author of cato 4 claim

What specific claim are you referring to?

Study Guide for The Federalist Papers

The Federalist Papers study guide contains a biography of Alexander Hamilton, John Jay and James Madison, literature essays, a complete e-text, quiz questions, major themes, characters, and a full summary and analysis.

  • About The Federalist Papers
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Essays for The Federalist Papers

The Federalist Papers essays are academic essays for citation. These papers were written primarily by students and provide critical analysis of The Federalist Papers by Alexander Hamilton, John Jay and James Madison.

  • A Close Reading of James Madison's The Federalist No. 51 and its Relevancy Within the Sphere of Modern Political Thought
  • Lock, Hobbes, and the Federalist Papers
  • Comparison of Federalist Paper 78 and Brutus XI
  • The Paradox of the Republic: A Close Reading of Federalist 10
  • Manipulation of Individual Citizen Motivations in the Federalist Papers

Lesson Plan for The Federalist Papers

  • About the Author
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  • Relationship to Other Books
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  • Notes to the Teacher
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E-Text of The Federalist Papers

The Federalist Papers e-text contains the full text of The Federalist Papers by Alexander Hamilton, John Jay and James Madison.

  • FEDERALIST. Nos. 1-5
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Brutus | 1787

“Brutus” was the pseudonym for one of the most forceful Anti-Federalist voices during the ratification debates over the U.S. Constitution.  While scholars still debate the author of the Brutus Essays , most believe that they were written by New York Anti-Federalist Robert Yates.  Yates was a New York state judge.  He was a close ally of powerful New York Governor George Clinton.  He represented New York at the Constitutional Convention, but he left early because he opposed the new Constitution emerging in secret in Philadelphia.  Later, he served as a leading Anti-Federalist delegate in the New York state ratifying convention.  Brutus published his essays during the debates over ratification the Constitution—expressing a range of doubts.  For Brutus, the ratification debates turned on one key question: do the American people want a system driven by the states or one organized around a powerful national government?  Echoing influential political theorists like Montesquieu, Brutus feared that a republican form of government could not succeed in a large nation like America.  As a result, he favored placing most key powers in the governments closest to the American people: their state and local governments.  Brutus’s essays were so incisive that they helped spur Alexander Hamilton to organize (and co-author) The Federalist Papers in response.

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Let us now proceed to enquire, as I at first proposed, whether it be best the thirteen United States should be reduced to one great republic, or not? It is here taken for granted, that all agree in this, that whatever government we adopt, it ought to be a free one; that it should be so framed as to secure the liberty of the citizens of America, and such a one as to admit of a full, fair, and equal representation of the people. The question then will be, whether a government thus constituted, and founded on such principles, is practicable, and can be exercised over the whole United States, reduced into one state?

If respect is to be paid to the opinion of the greatest and wisest men who have ever thought or wrote on the science of government, we shall be constrained to conclude, that a free republic cannot succeed over a country of such immense extent, containing such a number of inhabitants, and these increasing in such rapid progression as that of the whole United States. Among the many illustrious authorities which might be produced to this point, I shall content myself with quoting only two. The one is the baron de Montesquieu . . . . “It is natural to a republic to have only a small territory, otherwise it cannot long subsist. In a large republic there are men of large fortunes, and consequently of less moderation; there are trusts too great to be placed in any single subject; he has interest of his own; he soon begins to think that he may be happy, great and glorious, by oppressing his fellow citizens; and that he may raise himself to grandeur on the ruins of his country. In a large republic, the public good is sacrificed to a thousand views; it is subordinate to exceptions, and depends on accidents. In a small one, the interest of the public is easier perceived, better understood, and more within the reach of every citizen; abuses are of less extent, and of course are less protected.” Of the same opinion is the marquis Beccarari. . . .

In a free republic, although all laws are derived from the consent of the people, yet the people do not declare their consent by themselves in person, but by representatives, chosen by them, who are supposed to know the minds of their constituents, and to be possessed of integrity to declare this mind.

In every free government, the people must give their assent to the laws by which they are governed. This is the true criterion between a free government and an arbitrary one. The former are ruled by the will of the whole, expressed in any manner they may agree upon; the latter by the will of one, or a few. If the people are to give their assent to the laws, by persons chosen and appointed by them, the manner of the choice and the number chosen, must be such, as to possess, be disposed, and consequently qualified to declare the sentiments of the people; for if they do not know, or are not disposed to speak the sentiments of the people, the people do not govern, but the sovereignty is in a few. Now, in a large extended country, it is impossible to have a representation, possessing the sentiments, and of integrity, to declare the minds of the people, without having it so numerous and unwieldy, as to be subject in great measure to the inconveniency of a democratic government.

The territory of the United States is of vast extent; it now contains near three millions of souls, and is capable of containing much more than ten times that number. Is it practicable for a country, so large and so numerous as they will soon become, to elect a representation, that will speak their sentiments, without their becoming so numerous as to be incapable of transacting public business? It certainly is not.

In a republic, the manners, sentiments, and interests of the people should be similar. If this be not the case, there will be a constant clashing of opinions; and the representatives of one part will be continually striving, against those of the other. This will retard the operations of government, and prevent such conclusions as will promote the public good. If we apply this remark to the condition of the United States, we shall be convinced that it forbids that we should be one government. . . .

In despotic governments, as well as in all the monarchies of Europe, standing armies are kept up to execute the commands of the prince or the magistrate, and are employed for this purpose when occasion requires: But they have always proved the destruction of liberty, and [are] abhorrent to the spirit of a free republic. In England, where they depend upon the parliament for their annual support, they have always been complained of as oppressive and unconstitutional, and are seldom employed in executing of the laws; never except on extraordinary occasions, and then under the direction of a civil magistrate. . . .

The confidence which the people have in their rulers, in a free republic, arises from their knowing them, from their being responsible to them for their conduct, and from the power they have of displacing them when they misbehave: but in a republic of the extent of this continent, the people in general would be acquainted with very few of their rulers; the people at large would know little of their proceedings, and it would be extremely difficult to change them. . . In a republic of such vast extent as the United-States, the legislature cannot attend to the various concerns and wants of its different parts. It cannot be sufficiently numerous to be acquainted with the local condition and wants of the different districts, and if it could, it is impossible it should have sufficient time to attend to and provide for all the variety of cases of this nature, that would be continually arising.

In so extensive a republic, the great officers of government would soon become above the control of the people, and abuse their power to the purpose of aggrandizing themselves, and oppressing them. The trust committed to the executive offices, in a country of the extent of the United-States, must be various and of magnitude. The command of all the troops and navy of the republic, the appointment of officers, the power of pardoning offences, the collecting of all the public revenues, and the power of expending them, with a number of other powers, must be lodged and exercised in every state, in the hands of a few. When these are attended with great honor and emolument, as they always will be in large states, so as greatly to interest men to pursue them, and to be proper objects for ambitious and designing men, such men will be ever restless in their pursuit after them. They will use the power, when they have acquired it, to the purposes of gratifying their own interest and ambition, and it is scarcely possible, in a very large republic, to call them to account for their misconduct, or to prevent their abuse of power.

These are some of the reasons by which it appears that a free republic cannot long subsist over a country of the great extent of these states. If then this new constitution is calculated to consolidate the thirteen states into one, as it evidently is, it ought not to be adopted.

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Democracy as the Best Form of Government Essay

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A democracy is a form of governance characterized by power sharing. The implication of this is that all the citizens have an equal voice in the way a nation is governed. This often encompasses either direct or indirect involvement in lawmaking. “Democracy” can be a very delicate subject for any writer.

Throughout history, various scholars, including ancient philosophers, have had a divergent view on whether democracy is the best form of governance (Kelsen 3). Some of these arguments are discussed in this essay. Democracy appears to go hand in hand with national unity.

This is particularly true because this form of governance is all about people, and these people are working together towards attainment of national goals. The cohesiveness also results from the freedom prevailing in a democratic environment. Unity and liberty in a nation lay a fertile ground for economic and social growth (Weatherford 121).

In a democratic form of government, the entire citizenry is cushioned against exploitation and all form of abuse. As opposed to other governance approaches (for instance monarchy and dictatorship), democracy engages the people in decision-making processes. This ensures efficient delivery of basic services such as education, health care, and security.

Moreover, these services will be of high quality. Having people govern themselves significantly minimizes the risk of running a nation into chaos. In operational democracies, policies must undergo thorough scrutiny by many organs of government and stakeholders before they are made laws. The modalities of implementing the laws are also carefully determined.

In such a corporate system, it would be rare for all the involved people to be wrong. Therefore democracy protects a nation against the consequences of human errors. As a consequence of reduced possibility for human errors, people will experience a nation devoid of civil wars and strife. This atmosphere, in turn, perpetuates the general growth of a nation.

Democracy acts as a framework within which the law about the basic human rights operates (Barak 27). In a democratic environment, the law gives equal entitlement to the bill of rights with total disregard of race, ethnicity or economic class.

On the other hand, democracy may not be worth the high status it has been accorded for centuries by many schools of thought. Democracy gives an opportunity for all citizens to vote (Williamson 36). This can be technically hazardous to a nation. An average voter is not adequately equipped with the necessary information on the economic and political aspects of a nation.

The direct implication is that a fairly large percentage of voters will base their choice on limited and incorrect information. This situation can greatly impair development. Democratic approaches tend to slow down the process of policy-making and implementation (Dahl 49). This is due to the bureaucracies associated with democracy.

For example, it may take twelve months for parliament to debate over a bill, pass it into law and fully enforce it. In a dictatorial system, however, the same process would take utmost one day. For many years, democracy has been synonymous with political instability (Snell 18). The high turnover rate of governments comes with drastic changes in national and international policies.

New governments tend to attract much criticism from the media and non-governmental bodies. This criticism and alteration of international relations policies keep off foreign investors, something that can have immense economic implications to a nation.

The seemingly most feared danger of democracy relates to the basic rights of the minority. A case in point is the Netherlands. The Dutch parliament enacted a law against female genital mutilation. The Somali living in the Netherlands could not have a say in this because they are a small group.

In conclusion, the name a government gives itself is immaterial. Whether a government calls itself democratic, anarchy, monarchy, or dictatorial, the most important question should be “Are the people getting back what they deserve?”

Works Cited

Barak, Aharon. The Judge in a Democracy . New Jersey: Princeton University Press, 2006. Print.

Dahl, Robert. Democracy and its Critics. New Haven: Yale University Press, 1989. Print.

Kelsen, Hans. “Foundations of Democracy.” Ethics 66.1 (1955):1–101.

Snell, Daniel. Flight and Freedom in the Ancient Near East . Leiden: Brill Publishers, 2001. Print.

Weatherford, McIver. Indian givers: how the Indians of the America transformed the world . New York: Fawcett Columbine, 1988. Print.

Williamson, Thames. Problems in American Democracy . Montana: Kessinger Publishing, 2004. Print.

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This comment covers the publishing years and sequence of publication of the three editions of James Mill’s collected ‘Political Essays. Introductory literature to these Essays is provided in the section ‘Notes & Literature’. Comments covering the 1824 and (the rather unlikely) 1828 editions of J. Mill’s ‘Political Essays’ are available in this collection at - https://archive.org/details/MILLJames1828EssaysonI.GovernmentII.JurisprudenceIII.LibetyofthePress.../page/n8

When Archibald Constable (1774-1827) – “ the prince of booksellers ” (letter by J. Mill to A. Constable dated Oct. 18 th 1825) - appointed Macvey Napier (1776–1847) in 1814 to edit the Supplement to the Encyclopædia Britannica he contacted James Mill – among many leading scientists of the time.

The result of the ensuing cooperation between J. Mill and M. Napier were 12 essays – listed below - which were first published in the Supplement to the fourth, fifth, and sixth editions of the Encyclopædia Britannica , London, 1824 (SupplEB) [1] :

  • "Banks for Saving," vol. 2, pp. 91-101, Dec. 1816
  • "Beggar," vol. 2, pp. 231-48, Dec. 1816
  • "Benefit Societies," vol. 2, pp. 263-69, Dec. 1816
  • "Caste," vol. 2, pp. 674-54, June 1817
  • " Colony ," vol. 3, pp. 257-73, Feb. 1818
  • "Economists," vol. 3, pp. 708-24, Jan. 1819
  • " Education ," vol. 4, pp. 11-33, Dec. 1819
  • " Government ," vol. 4, pp. 491-505, Sept. 1820
  • " Jurisprudence ," vol. 5, pp. 143-161, July 1821
  • " Liberty of the Press ," vol. 5, pp. 258-72, July 1821
  • " Nations, Law of ," vol. 6, pp. 6-23, April 1823
  • " Prisons and Prison Discipline ," vol. 6, pp. 385-95, April 1823     [2]

All original articles in the SupplEB written by J. Mill, as well as those reprinted during his lifetime, carry at the end of each Essay the token signature (F.F.) as designated for James Mill in the fifth Volume of the SubEB on p. 587 [3]. All individually or collectively reprinted articles during the lifetime of J. Mill from the SupplEB have a printer reference usually on the title page and the verso of the title page as well as on the last page of each Essay which reads: “ J[ohn] Innes, Printer, 61, Wells-street, Oxford-street, London. ” All Essays in the three lifetime editions of the ‘Political Essays’ have individually numbered pages. None of the collectively reprinted articles from the SupplEB and published during the lifetime of J. Mill show a printing year. In addition two editions of the ‘Political Essays’ by J. Mill have the same title-page . Needless to say, that the two latter facts have contributed significantly to the confusion about the timeline of the publications of the ‘Political Essays’ by J. Mill. (The articles addressed as ‘Political Essays’ are underlined in the list depicted above.)

The story of the reprints of the ‘Political Essays’ begins with a request by J. Mill addressed to the editor of the SupplEB, Macvey Napier, dated May 11th, 1820 cited by Alexander Bain [4] we read: " I have yet to speak to you about an application which has been made to me as to the article on Government from certain persons, who think it calculated to disseminate very useful notions, and wish to give a stimulus to the circulation of them. Their proposal is, to print (not for sale, but gratis distribution) a thousand copies [sic!]. I have refused my consent till I should learn from you, whether this would be considered an impropriety with respect to the Supplement - To me it appears the reverse, as the distribution would in some degree operate as an advertisement ." In addition Bain writes: “ Napier must have given consent to the re-printing of the article "Government” Hume, Grote, and I don't know how many others, subscribed for this reprint; and there were ultimately included all Mill's greater articles, which were bound in a volume, and privately disseminated. ”   (Bain, p. 191 )                                        According to the above text provided by Bain, Mill’s permission was literally only requested for the Essay ‘Government’ – but Bain has not cited a few important additional lines of Mill’s letter of May 11 th 1820 to Napier: Mill’s letter continues with the leveraging idea: “ If your [Napier’s] consent is with[h]eld, I shall be induced, I dare say, to throw the ideas into a different form, & allow the same parties to put publish them as a pamphlet.” [5]                                              With this ‘threat’ up in the air, it appears that Mill nudged Napier towards a symbiotic copyright relationship. Consequently all of Mill’s ‘Collected Political Essays’ contain a title page reference to the SupplEB: In the edition 1823 : “ Written for The Supplement to the Encyclopædia Britannica, and Printed by Permission of the Proprietors of the Encyclopædia . In the editions of 1824/5 & 1828 : “ Reprinted, by Permission, From the Supplement to the Encyclopædia Britannica .”

Turning to the edition presented here, it is easy to identify just by the distinct title page.                                                                                                                    It contains just four of J. Mill’s essays listed in the title and was published in 1823 . [6] In the list of articles in the SupplEB shown above the articles contained in this edition are boldly printed and underlined. Variant issues containing the ‘Colony’ are known but extremely rare.

Further evidence of the publishing date before the end of 1824 is the copy presented here. The copy shows on the title page the 1824 dated ownership inscription by Reverend James Edward Gambier (1759-1839) – more detail on Gambier online at - https://www.johnnewton.org/Groups/291422/The_John_Newton/new_menus/Journals/Eclectic_Society/1787_1789/members.aspx .

Additional support for the publication before the end of 1823 is provided by the generosity of Joseph HUME M.P., V.P. (1777-1855) (Biography at - https://www.britannica.com/biography/Joseph-Hume ). Joseph Hume - a Montrose Academy acquaintance of James Mill, (Bain , p. 7 ) - donated between December 1822 and December 1823 to the Society for the Encouragement of Arts, Manufactures, and Commerce , among other titles, Mill’s – “ Essays on Government, Jurisprudence, Liberty of the Press, and Law of Nations, by James Mill, Esq. (a Pamphlet).” The record can be found in Transactions of the Society, Instituted at London, for the Encouragement of Arts, Manufactures, and Commerce , Vol. 41 (1823), pp. 295-306, here p. 299 – online at https://books.google.de/books?id=WFM1AAAAMAAJ&pg=PA295&dq=PRESENTS+RECEIVED+BY+THE+SOCIETY,+FROM+DECEMBER,+1822,+TO+DECEMBER,+1823&hl=de&sa=X&ved=0ahUKEwil8ruX29XcAhVCyKQKHeCGAZ8Q6AEIJzAA#v=onepage&q=Joseph%20Hume&f=false                                                                                                        Last not least we find in The Selected Writings of John Ramsay M.A. [ 1799-1870] with Memoir and Notes , by Alexander Walker (his literary executor), Edinburgh, Aberdeen and London, 1871 we find in the part ‘MEMOIR’ the following notes: p. xx, MEMOIR. - “Mr. Joseph Hume, noting the capacity of the man, engaged him [John Ramsay] as his private secretary.”   On p. xxi of MEMOIR dated Seven Oaks, Kent, 2d April 1823 [A list of instructions] : - “ Let me know whether you have received any of the Essays from the binder, that I may give you directions respecting them . ” - “Open the desk at which I sit (the fir one), and in the left hand corner you will find a list of sub­scribers to Mill’s Essays . Send that list to me in course of post“. -“Put up 10 copies of the Essays in a parcel, addressed to Alex. Bannerman, Esq., Aberdeen”.   - “Also 20 copies addressed to Mr. James Glen, Montrose.” - “Also 5 copies addressed to James Goodall, Esq., Arbroath, and put up with Mr. Glen’s.” - “Also 10 copies to Mr. Francis Allan, Hanover Street, Edinburgh; and on every one of them write, with Mr. Hume’s compliment .” [This commentators emphasis] …. The text can be found online at - ­ https://archive.org/download/selectedwriting00walkgoog/selectedwriting00walkgoog.pdf

Thus, the four-essayedition presented here must have been published before the end of 1823 .

The printing-signatures of this edition are as follows: ( Convention :Separated by commas the first alphanumerical expression is the printing-signature followed by a hyphen and the respective page number.)

  • Government :   B - 9, C - 17, D - 25;
  • Jurisprudence :   F - 9, G - 17, H - 25, I - 33, K - 41;
  • Liberty of the Press : L- title page, L 2 - 3, M - 9, N - 17, 0 - 25, P - 33;  
  • Law of Nations :   Q 2 - 3, R - 9, S - 17, T - 25, U - 33.           [7]

Notes & Literature

[1] More information online at - https://www.britannica.com/topic/Encyclopaedia-Britannica-English-language-reference-work/Supplement-to-the-fourth-fifth-and-sixth-editions ; The six volumes of the SupplEB are available online at - https://archive.org/search.php?query=Supplement%20to%20the%20fourth%2C%20fifth%2C%20and%20sixth%20editions%20of%20the%20Encyclop%C3%A6dia%20Britannica%2C%20London%2C%201824

[2] This list – modified – is sourced from: A Project of Liberty Fund, Inc., Online Library of Liberty , The Political Writings of James Mill 1815-1836 , available online at - http://oll.libertyfund.org/pages/james-mills-political-writings .

A similar list can be found in Robert A(nthony) FENN, LSE Dissertation. (1972), James Mill's Political Thought , Vol. II – Appendix, p. 46.

A compilation by David Hart of all the original articles by James Mill from the SupplEB can be found online at - http://davidmhart.com/liberty/EnglishClassicalLiberals/MillJames/EncycBritannica/MillArticles-Supp_Encyclopaedia_Britannica-1824.pdf )

[3] Available as Community Text at - https://archive.org/details/gri_33125011196868  

[4] Alexander BAIN, James Mill, A Biography, London: Longmans, Green and CO., 1882, p. 191. Cited as “Bain”. Available as Community Text at - https://ia801604.us.archive.org/20/items/in.ernet.dli.2015.263197/2015.263197.James-Mill.pdf

[5] Robert A. FENN (ed.),   A Textbook for Utilitarians - James Mill's Articles in the Encyclopædia Britannica , 1816-1823, second revised draft edition, second printing, privately printed, Dec. 1991, Toronto University , Appendices, p . 503

[6] ibid under the heading SIGLA, ABBREVIATIONS AND ACRONYMS, first page, R.A. Fenn writes: “Published sometime about mid-1823.” ( Law of Nations, contained in this edition, was only published in April 1823 in in the SupplEB.)

[7] Robert A(nthony) FENN, LSE Dissertation 1972, James Mill's Political Thought , Vol. II – Appendix, p. 81, verified by commentators copies.

Literature :

Historical Background to J. Mill’s ‘Political Essays’

EVANS , Eric, (2011) A British Revolution in the 19th Century? Available online at -  http://www.bbc.co.uk/history/british/empire_seapower/revolution_01.shtml

Life and Work of James Mill

BALL , Terence, James Mill , The Stanford Encyclopedia of Philosophy (Winter 2018 Edition), Edward N. Zalta (ed.) , available online at - https://plato.stanford.edu/archives/win2018/entries/james-mill/

BRINK , David, Mill’s Moral and Political Philosophy , The Stanford Encyclopedia of Philosophy (Winter 2018 Edition), Edward N. Zalta (ed.), available online at - https://plato.stanford.edu/archives/win2018/entries/mill-moral-political/

Other Works by James Mill online

Online Library of Liberty - James Mill , available online at - https://oll.libertyfund.org/people/james-mill

FENN, Robert A(nthony) ed., (2010), James Mill's Common Place Books , available online at - http://www.intellectualhistory.net/mill/contents.html

HAMBURGER , Joseph, (1965), James Mill and the Art of Revolution , New Haven, Yale University Press

Bibliography of James Mill

An exhaustive Bibliography of James Mill’s writings can be found in

Robert Anthony FENN , 1987, James Mill’s Political Thought , New York, Garland Publishing Inc., titled: Concise list of the works of James Mill p. 156-186. A surprising aspect of this bibliography is that R. A. FENN (1934-1993) in his unusually extensive research never stumbled upon the fact that the 1828 edition of James Mill’s ‘Political Essays’ did actually exist. FENN attributed the library dates 1828 attributed to some editions of J. Mill’s ‘Political Essays’ in part “…from the fact that T.B. Macaulay launched his famous attack on the four essay edition in 1829. This has led many commentators to believe that this edition was published in 1828.” (*) And indeed, the title of the famous contribution by Macaulay in The Edinburgh Review (March – June, 1829, pp. 159-189) supports this impression. The title reads:

“ART. VII.—.Essays on Government, Jurisprudence, The Liberty of the Press, Prisons and Prison Discipline, Colonies, The Law of Nations, and Education. By JAMES MILL, Esq. author of the History of British India. Reprinted by permission from the Supplement to the Encyclopaedia Britannica. (Not for sale.) London, 1828.”

Available online at - https://books.google.de/books?id=GEk7AQAAMAAJ&pg=PA159&lpg=PA159&dq=%22Of+those+philosophers+who+call+themselves+Utilitarians%22&source=bl&ots=kLiQyTjX0S&sig=ACfU3U0X5lwPbMqaOBqR2pMxsYgsRm2YLQ&hl=de&sa=X&ved=2ahUKEwjardTe5angAhUFLlAKHVmuDKQQ6AEwAXoECAgQAQ#v=onepage&q=%22Of%20those%20philosophers%20who%20call%20themselves%20Utilitarians%22&f=false

(*) FENN, Robert A(nthony), LSE Dissertation. (1972), James Mill's Political Thought , Vol. II – Appendix, p. 80.

  All internet-links in this comment have been accessed in February 2019.

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Essay on Government

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100 Words Essay on Government

What is government.

Government is a group of people who make decisions and laws for a country. They are responsible for providing services like education, healthcare, and security to the public.

Types of Government

There are different types of governments, such as democracy, monarchy, dictatorship, and communism. In a democracy, people choose their leaders through voting.

Roles of Government

Governments have many roles. They protect citizens, make laws, and manage the economy. They also provide public services like schools and hospitals.

Importance of Government

Government is important because it maintains order, protects citizens, and provides necessary services. Without it, society would be chaotic.

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250 Words Essay on Government

Introduction.

The term ‘Government’ fundamentally signifies the governing body of a nation or state that exercises authority, controls, and administers public policy. It is the political direction and control exercised over the actions of the members, citizens, or inhabitants of communities, societies, and states.

The Role of Government

The government plays a crucial role in society by ensuring the smooth functioning of the nation. It is responsible for maintaining law and order, protecting citizens’ rights, and providing public services. The government also shapes the economy by implementing policies that either stimulate or slow down economic growth.

Governments can be categorized into several types based on their structure and the extent of power they exercise. These include democracy, where power is vested in the people; monarchy, where power is held by a single ruler; and autocracy, where a single person holds unlimited power.

Government and Democracy

In democratic governments, citizens have the right to elect their representatives who make decisions on their behalf. This system promotes accountability, transparency, and the protection of individual rights. However, democracy’s success hinges on an informed and active citizenry that can hold the government accountable.

In conclusion, the government is a fundamental institution in any society. It plays a pivotal role in maintaining societal order, ensuring the welfare of its citizens, and driving the nation’s growth and development. The efficiency of a government is largely determined by its structure, the extent of its powers, and the level of citizen participation.

500 Words Essay on Government

Introduction to government.

Government, a fundamental construct of societal organization, is an institution that enforces rules and regulations, maintains order, and facilitates the smooth functioning of a country. It’s a complex mechanism that encompasses myriad aspects from legislation to implementation, and from diplomacy to defense.

The government’s primary role is to safeguard the rights and freedoms of its citizens. This involves ensuring the security of the people, maintaining law and order, and providing public goods and services. A government has the responsibility to protect its citizens from internal and external threats, which is why it maintains law enforcement agencies and a military.

The government also plays a crucial role in economic regulation and stabilization. By controlling monetary and fiscal policies, it can influence the country’s economic trajectory, ensuring growth, stability, and equity. Furthermore, the government is responsible for the provision of public goods and services such as education, healthcare, infrastructure, and social welfare programs.

Forms of Government

In between these extremes, there are numerous variations, such as constitutional monarchies, where a monarch shares power with a constitutionally organized government, or oligarchies, where power rests with a small number of people.

The Importance of Good Governance

Good governance is integral to the effective functioning of a government. It is characterized by transparency, accountability, efficiency, and adherence to the rule of law. Good governance ensures that the government’s actions benefit the majority of the population and that public resources are used efficiently and ethically.

Conclusion: The Evolving Role of Government

In today’s rapidly changing world, the role of government is evolving. With the advent of technology and globalization, governments are not just confined to traditional roles but are increasingly involved in areas such as digital infrastructure, climate change, and global health crises.

As we move forward, the challenge for governments worldwide will be to adapt to these changes and continue to serve their citizens effectively. Understanding the nature, role, and complexities of government is crucial for us as we navigate the political landscape of the 21st century.

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Introductory essay

Written by the educators who created Cyber-Influence and Power, a brief look at the key facts, tough questions and big ideas in their field. Begin this TED Study with a fascinating read that gives context and clarity to the material.

Each and every one of us has a vital part to play in building the kind of world in which government and technology serve the world’s people and not the other way around. Rebecca MacKinnon

Over the past 20 years, information and communication technologies (ICTs) have transformed the globe, facilitating the international economic, political, and cultural connections and exchanges that are at the heart of contemporary globalization processes. The term ICT is broad in scope, encompassing both the technological infrastructure and products that facilitate the collection, storage, manipulation, and distribution of information in a variety of formats.

While there are many definitions of globalization, most would agree that the term refers to a variety of complex social processes that facilitate worldwide economic, cultural, and political connections and exchanges. The kinds of global connections ICTs give rise to mark a dramatic departure from the face-to-face, time and place dependent interactions that characterized communication throughout most of human history. ICTs have extended human interaction and increased our interconnectedness, making it possible for geographically dispersed people not only to share information at an ever-faster rate but also to organize and to take action in response to events occurring in places far from where they are physically situated.

While these complex webs of connections can facilitate positive collective action, they can also put us at risk. As TED speaker Ian Goldin observes, the complexity of our global connections creates a built-in fragility: What happens in one part of the world can very quickly affect everyone, everywhere.

The proliferation of ICTs and the new webs of social connections they engender have had profound political implications for governments, citizens, and non-state actors alike. Each of the TEDTalks featured in this course explore some of these implications, highlighting the connections and tensions between technology and politics. Some speakers focus primarily on how anti-authoritarian protesters use technology to convene and organize supporters, while others expose how authoritarian governments use technology to manipulate and control individuals and groups. When viewed together as a unit, the contrasting voices reveal that technology is a contested site through which political power is both exercised and resisted.

Technology as liberator

The liberating potential of technology is a powerful theme taken up by several TED speakers in Cyber-Influence and Power . Journalist and Global Voices co-founder Rebecca MacKinnon, for example, begins her talk by playing the famous Orwell-inspired Apple advertisement from 1984. Apple created the ad to introduce Macintosh computers, but MacKinnon describes Apple's underlying narrative as follows: "technology created by innovative companies will set us all free." While MacKinnon examines this narrative with a critical eye, other TED speakers focus on the ways that ICTs can and do function positively as tools of social change, enabling citizens to challenge oppressive governments.

In a 2011 CNN interview, Egyptian protest leader, Google executive, and TED speaker Wael Ghonim claimed "if you want to free a society, just give them internet access. The young crowds are going to all go out and see and hear the unbiased media, see the truth about other nations and their own nation, and they are going to be able to communicate and collaborate together." (i). In this framework, the opportunities for global information sharing, borderless communication, and collaboration that ICTs make possible encourage the spread of democracy. As Ghonim argues, when citizens go online, they are likely to discover that their particular government's perspective is only one among many. Activists like Ghonim maintain that exposure to this online free exchange of ideas will make people less likely to accept government propaganda and more likely to challenge oppressive regimes.

A case in point is the controversy that erupted around Khaled Said, a young Egyptian man who died after being arrested by Egyptian police. The police claimed that Said suffocated when he attempted to swallow a bag of hashish; witnesses, however, reported that he was beaten to death by the police. Stories about the beating and photos of Said's disfigured body circulated widely in online communities, and Ghonim's Facebook group, titled "We are all Khaled Said," is widely credited with bringing attention to Said's death and fomenting the discontent that ultimately erupted in the 2011 Egyptian Revolution, or what Ghonim refers to as "revolution 2.0."

Ghonim's Facebook group also illustrates how ICTs enable citizens to produce and broadcast information themselves. Many people already take for granted the ability to capture images and video via handheld devices and then upload that footage to platforms like YouTube. As TED speaker Clay Shirky points out, our ability to produce and widely distribute information constitutes a revolutionary change in media production and consumption patterns. The production of media has typically been very expensive and thus out of reach for most individuals; the average person was therefore primarily a consumer of media, reading books, listening to the radio, watching TV, going to movies, etc. Very few could independently publish their own books or create and distribute their own radio programs, television shows, or movies. ICTs have disrupted this configuration, putting media production in the hands of individual amateurs on a budget — or what Shirky refers to as members of "the former audience" — alongside the professionals backed by multi-billion dollar corporations. This "democratization of media" allows individuals to create massive amounts of information in a variety of formats and to distribute it almost instantly to a potentially global audience.

Shirky is especially interested in the Internet as "the first medium in history that has native support for groups and conversations at the same time." This shift has important political implications. For example, in 2008 many Obama followers used Obama's own social networking site to express their unhappiness when the presidential candidate changed his position on the Foreign Intelligence Surveillance Act. The outcry of his supporters did not force Obama to revert to his original position, but it did help him realize that he needed to address his supporters directly, acknowledging their disagreement on the issue and explaining his position. Shirky observes that this scenario was also notable because the Obama organization realized that "their role was to convene their supporters but not to control their supporters." This tension between the use of technology in the service of the democratic impulse to convene citizens vs. the authoritarian impulse to control them runs throughout many of the TEDTalks in Cyber-Influence and Power.

A number of TED speakers explicitly examine the ways that ICTs give individual citizens the ability to document governmental abuses they witness and to upload this information to the Internet for a global audience. Thus, ICTs can empower citizens by giving them tools that can help keep their governments accountable. The former head of Al Jazeera and TED speaker Wadah Khanfar provides some very clear examples of the political power of technology in the hands of citizens. He describes how the revolution in Tunisia was delivered to the world via cell phones, cameras, and social media outlets, with the mainstream media relying on "citizen reporters" for details.

Former British prime minister Gordon Brown's TEDTalk also highlights some of the ways citizens have used ICTs to keep their governments accountable. For example, Brown recounts how citizens in Zimbabwe used the cameras on their phones at polling places in order to discourage the Mugabe regime from engaging in electoral fraud. Similarly, Clay Shirky begins his TEDTalk with a discussion of how cameras on phones were used to combat voter suppression in the 2008 presidential election in the U.S. ICTs allowed citizens to be protectors of the democratic process, casting their individual votes but also, as Shirky observes, helping to "ensure the sanctity of the vote overall."

Technology as oppressor

While smart phones and social networking sites like Twitter and Facebook have arguably facilitated the overthrow of dictatorships in places like Tunisia and Egypt, lending credence to Gordon Brown's vision of technology as an engine of liberalism and pluralism, not everyone shares this view. As TED speaker and former religious extremist Maajid Nawaz points out, there is nothing inherently liberating about ICTs, given that they frequently are deployed to great effect by extremist organizations seeking social changes that are often inconsistent with democracy and human rights. Where once individual extremists might have felt isolated and alone, disconnected from like-minded people and thus unable to act in concert with others to pursue their agendas, ICTs allow them to connect with other extremists and to form communities around their ideas, narratives, and symbols.

Ian Goldin shares this concern, warning listeners about what he calls the "two Achilles heels of globalization": growing inequality and the fragility that is inherent in a complex integrated system. He points out that those who do not experience the benefits of globalization, who feel like they've been left out in one way or another, can potentially become incredibly dangerous. In a world where what happens in one place very quickly affects everyone else — and where technologies are getting ever smaller and more powerful — a single angry individual with access to technological resources has the potential to do more damage than ever before. The question becomes then, how do we manage the systemic risk inherent in today's technology-infused globalized world? According to Goldin, our current governance structures are "fossilized" and ill-equipped to deal with these issues.

Other critics of the notion that ICTs are inherently liberating point out that ICTs have been leveraged effectively by oppressive governments to solidify their own power and to manipulate, spy upon, and censor their citizens. Journalist and TED speaker Evgeny Morozov expresses scepticism about what he calls "iPod liberalism," or the belief that technology will necessarily lead to the fall of dictatorships and the emergence of democratic governments. Morozov uses the term "spinternet" to describe authoritarian governments' use of the Internet to provide their own "spin" on issues and events. Russia, China, and Iran, he argues, have all trained and paid bloggers to promote their ideological agendas in the online environment and/or or to attack people writing posts the government doesn't like in an effort to discredit them as spies or criminals who should not be trusted.

Morozov also points out that social networking sites like Facebook and Twitter are tools not only of revolutionaries but also of authoritarian governments who use them to gather open-source intelligence. "In the past," Morozov maintains, "it would take you weeks, if not months, to identify how Iranian activists connect to each other. Now you know how they connect to each other by looking at their Facebook page. KGB...used to torture in order to get this data." Instead of focusing primarily on bringing Internet access and devices to the people in countries ruled by authoritarian regimes, Morozov argues that we need to abandon our cyber-utopian assumptions and do more to actually empower intellectuals, dissidents, NGOs and other members of society, making sure that the "spinternet" does not prevent their voices from being heard.

The ICT Empowered Individual vs. The Nation State

In her TEDTalk "Let's Take Back the Internet," Rebecca MacKinnon argues that "the only legitimate purpose of government is to serve citizens, and…the only legitimate purpose of technology is to improve our lives, not to manipulate or enslave us." It is clearly not a given, however, that governments, organizations, and individuals will use technology benevolently. Part of the responsibility of citizenship in the globalized information age then is to work to ensure that both governments and technologies "serve the world's peoples." However, there is considerable disagreement about what that might look like.

WikiLeaks spokesperson and TED speaker Julian Assange, for example, argues that government secrecy is inconsistent with democratic values and is ultimately about deceiving and manipulating rather than serving the world's people. Others maintain that governments need to be able to keep secrets about some topics in order to protect their citizens or to act effectively in response to crises, oppressive regimes, terrorist organizations, etc. While some view Assange's use of technology as a way to hold governments accountable and to increase transparency, others see this use of technology as a criminal act with the potential to both undermine stable democracies and put innocent lives in danger.

ICTs and global citizenship

While there are no easy answers to the global political questions raised by the proliferation of ICTs, there are relatively new approaches to the questions that look promising, including the emergence of individuals who see themselves as global citizens — people who participate in a global civil society that transcends national boundaries. Technology facilitates global citizens' ability to learn about global issues, to connect with others who care about similar issues, and to organize and act meaningfully in response. However, global citizens are also aware that technology in and of itself is no panacea, and that it can be used to manipulate and oppress.

Global citizens fight against oppressive uses of technology, often with technology. Technology helps them not only to participate in global conversations that affect us all but also to amplify the voices of those who have been marginalized or altogether missing from such conversations. Moreover, global citizens are those who are willing to grapple with large and complex issues that are truly global in scope and who attempt to chart a course forward that benefits all people, regardless of their locations around the globe.

Gordon Brown implicitly alludes to the importance of global citizenship when he states that we need a global ethic of fairness and responsibility to inform global problem-solving. Human rights, disease, development, security, terrorism, climate change, and poverty are among the issues that cannot be addressed successfully by any one nation alone. Individual actors (nation states, NGOs, etc.) can help, but a collective of actors, both state and non-state, is required. Brown suggests that we must combine the power of a global ethic with the power to communicate and organize globally in order for us to address effectively the world's most pressing issues.

Individuals and groups today are able to exert influence that is disproportionate to their numbers and the size of their arsenals through their use of "soft power" techniques, as TED speakers Joseph Nye and Shashi Tharoor observe. This is consistent with Maajid Nawaz's discussion of the power of symbols and narratives. Small groups can develop powerful narratives that help shape the views and actions of people around the world. While governments are far more accustomed to exerting power through military force, they might achieve their interests more effectively by implementing soft power strategies designed to convince others that they want the same things. According to Nye, replacing a "zero-sum" approach (you must lose in order for me to win) with a "positive-sum" one (we can both win) creates opportunities for collaboration, which is necessary if we are to begin to deal with problems that are global in scope.

Let's get started

Collectively, the TEDTalks in this course explore how ICTs are used by and against governments, citizens, activists, revolutionaries, extremists, and other political actors in efforts both to preserve and disrupt the status quo. They highlight the ways that ICTs have opened up new forms of communication and activism as well as how the much-hailed revolutionary power of ICTs can and has been co-opted by oppressive regimes to reassert their control.

By listening to the contrasting voices of this diverse group of TED speakers, which includes activists, journalists, professors, politicians, and a former member of an extremist organization, we can begin to develop a more nuanced understanding of the ways that technology can be used both to facilitate and contest a wide variety of political movements. Global citizens who champion democracy would do well to explore these intersections among politics and technology, as understanding these connections is a necessary first step toward MacKinnon's laudable goal of building a world in which "government and technology serve the world's people and not the other way around."

Let's begin our exploration of the intersections among politics and technology in today's globalized world with a TEDTalk from Ian Goldin, the first Director of the 21st Century School, Oxford University's think tank/research center. Goldin's talk will set the stage for us, exploring the integrated, complex, and technology rich global landscape upon which the political struggles for power examined by other TED speakers play out.

Navigating our global future

Navigating our global future

i. "Welcome to Revolution 2.0, Ghonim Says," CNN, February 9, 2011. http://www.cnn.com/video/?/video/world/2011/02/09/wael.ghonim.interview.cnn.

Relevant talks

How social media can make history

Clay Shirky

How social media can make history.

How the Net aids dictatorships

Evgeny Morozov

How the net aids dictatorships.

Wiring a web for global good

Gordon Brown

Wiring a web for global good.

Global power shifts

Global power shifts

Why the world needs WikiLeaks

Julian Assange

Why the world needs wikileaks.

A global culture to fight extremism

Maajid Nawaz

A global culture to fight extremism.

Let's take back the Internet!

Rebecca MacKinnon

Let's take back the internet.

Why nations should pursue soft power

Shashi Tharoor

Why nations should pursue soft power.

A historic moment in the Arab world

Wadah Khanfar

A historic moment in the arab world.

Inside the Egyptian revolution

Wael Ghonim

Inside the egyptian revolution.

25 Essay Topics for American Government Classes

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If you are a teacher searching for essay topics to assign to your U.S. government or civics class or looking for ideas, do not fret. It is easy to integrate debates and discussions into the classroom environment. These topic suggestions provide a wealth of ideas for written assignments such as  position papers , compare-and-contrast essays , and  argumentative essays . Scan the following 25 question topics and ideas to find just the right one. You'll soon be reading interesting papers from your students after they grapple with these challenging and important issues.

  • Compare and contrast what is a direct democracy versus representative democracy. 
  • React to the following statement: Democratic decision-making should be extended to all areas of life including schools, the workplace, and the government. 
  • Compare and contrast the Virginia and New Jersey plans. Explain how these led to the Great Compromise .
  • Pick one thing about the U.S. Constitution including its amendments that you think should be changed. What modifications would you make? Explain your reasons for making this change.
  • What did Thomas Jefferson mean when he said, "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants?" Do you think that this statement still applies to today's world? 
  • Compare and contrast mandates and conditions of aid regarding the federal government's relationship with states. For example, how has the Federal Emergency Management Agency delivered support to states and commonwealths that have experienced natural disasters?
  • Should individual states have more or less power compared to the federal government when implementing laws dealing with topics such as the legalization of marijuana  and abortion ? 
  • Outline a program that would get more people to vote in presidential elections or local elections.
  • What are the dangers of gerrymandering when it comes to voting and presidential elections?
  • Compare and contrast the major political parties in the United States. What policies are they preparing for upcoming elections?
  • Why would voters choose to vote for a third party, even though they know that their candidate has virtually no chance of winning? 
  • Describe the major sources of money that are donated to political campaigns. Check out the Federal Election Regulatory Commission's website for information.
  • Should corporations be treated as individuals regarding being allowed to donate to political campaigns?  Look at the 2010 Citizens United v. FEC ruling on the issue. Defend your answer. 
  • Explain the role of social media in connecting interest groups that have grown stronger as the major political parties have grown weaker. 
  • Explain why the media has been called the fourth branch of government. Include your opinion on whether this is an accurate portrayal.
  • Compare and contrast the campaigns of U.S. Senate and House of Representatives candidates.
  • Should term limits be instituted for members of Congress? Explain your answer.
  • Should members of Congress vote their conscience or follow the will of the people who elected them into office? Explain your answer.
  • Explain how executive orders have been used by presidents throughout the history of the U.S. What is the number of executive orders issued by the current president?
  • In your opinion, which of the three branches of the federal government has the most power? Defend your answer.
  • Which of the rights guaranteed by the First Amendment do you consider the most important? Explain your answer. 
  • Should a school be required to get a warrant before searching a student's property? Defend your answer. 
  • Why did the Equal Rights Amendment fail? What kind of campaign could be run to see it passed?
  • Explain how the 14th Amendment has affected civil liberties in the United States from the time of its passage at the end of the Civil War.
  • Do you think that the federal government has enough, too much or just the right amount of power? Defend your answer.
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Writing in Government

How do i write a gov paper .

Expos teaches you about the fundamentals of writing an analytical argument. As you write papers in Gov, you are adapting the elements of argument to a particular audience: readers in the social sciences. These readers have specific expectations about how to present arguments and supporting evidence. Writing successfully in Gov requires you to identify those expectations in assignment prompts and then  respond to them by making well-supported and clearly reasoned arguments.

__________________________________

"Everybody's work has to stand or fall on the basis of the arguments presented and the evidence." - Prof. Eric Nelson

Do the Exercise

In these exercises, you have two goals: to identify the common elements of essay prompts, and to learn strategies for developing arguments that respond effectively to the expectations presented by a given prompt. 

Decoding Prompts

Developing a thesis.

What to Do:

  • Prepare  by reading about the elements of paper prompts in the "Tips" tool to the right.
  • Read  the three sample prompts below and select one to work with.
  • Answer  the questions in the text boxes below the sample prompts.
  • Write  a 1-sentence version in your own words of the prompt you have selected. You can do this in the first “Re-write” box below the questions.
  • Try re-writing  the other two prompts in a single sentence. 

Please note that these forms are not monitored; no feedback will be sent at this time.

Sample Prompts

1. The traditional definition of democracy is captured by Schumpeter’s statement that democracy is the “institutional arrangement for arriving at political decisions in which individuals acquire the power to decide by means of a competitive struggle for the people’s vote.” Is Schumpeter’s “free competition for the free vote” a sufficient conceptual and normative definition of “democracy”? What else, if anything, would you add to this definition?

2. The majority of Gov 97 has focused on state actors, but the Internet is a whole new non-state world that currently has little to no formal governance. Should the Internet be governed democratically? What does it mean to have democratic governance of the Internet? (Will there be elected bodies? Will the Internet be governed by democratic principles?) If you were on a committee to develop Internet governance, what democratic processes (if any) would you recommend? Why?

3. How do new technologies affect democratic politics? We have read a number of accounts of traditional forms of democratic participation and democratic institutions – choose one topic or outcome (e.g. elections, campaign finance, regime change, economic institutions, the welfare state, democratic peace etc.) that we have read about, and think about how new technologies challenge or add to traditional theories about that outcome.

( Taken from Gov 97, Spring 2015)

Understanding Prompts

Design and purpose.

Instructors have two main goals with most prompts: First, they want to test how well you’ve understood assigned material for the course and gauge your progress over the term. Second, they want to encourage you to think about certain questions in a way that may not be directly covered in the course materials themselves. In this way, prompts facilitates guided learning through writing.

In most cases, the instructor will have both of these goals in mind. Depending on the assignment, though, one goal may carry greater emphasis than the other. 

Central Question

This is the main question that the instructor wants you to answer. It may be a yes/no question, where you need to agree or disagree with a given statement. Or it may be an open-ended question, where you need to develop your own line of argument. Either way, the central question is the core of the paper, i.e., the question your instructor is asking in order to test your knowledge about material from the course or to encourage you to develop a reasoned opinion based on that material. Your thesis statement should respond directly to this central question.

Example of a central question:

What do you think is Aristotle’s strongest justification for participatory citizenship?

Example of a multi-part central question:

What do you think is Aristotle’s strongest justification for participatory citizenship? Does it translate from ancient democracy to the present; does it apply today?

Supporting Questions

In addition to the central question, prompts typically include additional points to consider as you write your paper, and these points often come in the form of secondary or supporting questions. Supporting questions are meant to prompt your thinking and can help remind you of important debates that may exist within the topic you are writing about.  

That being said, prompts made up of more than one question can be harder to decode. For one thing, the first question in the prompt is not always the central question, and it might be possible to interpret more than one of the questions as the central question. This ambiguity might be intentional (to allow students to write a range of essays), or it might be unintentional. For these reasons, it is always helpful to try putting the prompt in your own words. What is the central question being asked? And what is the central question your paper is answering with its thesis? What are the supporting questions being asked? And how will your paper answer those questions in relation to your thesis?

In the following example prompt, notice how the first set of questions (greyed out and in italics) form a multi-part central question about an idea of Aristotle and its relevance to the present day. The subsequent supporting questions provide a number of possible directions in which to elaborate on this question, but none of these supporting questions should be the main focus of an argument responding to this particular prompt.  

Example:        

What do you think is Aristotle’s strongest justification for participatory citizenship? Does it translate from ancient democracy to the present; does it apply today? How do modern democracies define citizenship? Do modern democratic institutions (representation, voting and elections, political parties) and/or the organized groups of civil society (voluntary associations, demonstrations, social movements) provide arenas for political participation? If so, how and why is participation valued? If not, why not, and how is the division of political labor justified?

Additional Cues

Prompts often provide cues about what should or shouldn't be the focus of a writing assignment. For instance, there may be debates or themes that have been raised in the course, but which are not meant to be the particular focus of the paper at hand. In the following excerpt from a prompt, you can see that Aristotle's definition of "citizen" is crucial, but the goal of the essay is to  use  the definition to make a further point, rather than getting bogged down in the definition itself. 

Example from a Gov prompt:

In the Politics , Aristotle defined a citizen as someone who takes turns in ruling and being ruled, identified who was eligible (and ineligible) for citizenship, gave an account of citizens’ judgment, and set out reasons for popular political participation.

Restrictions

Prompts often include additional requirements that either guide or limit a writing assignment. These restrictions are usually straightforward requirements for the essay's form (how long it should be) or for its content (what question(s) it should answer and which sources or cases it should use). 

  • You must analyze Aristotle’s text
  • You may pick just one or two government institutions or civil society groups to 
illustrate your answer.
  • You must refer to at least two authors (in addition to Aristotle) in composing your 
response. 
  • Prepare by reading about the elements of thesis statements in the "Tips" tool to the right.
  • Read the sample prompt below.
  • Answer the questions in the text boxes below the sample prompts.  

Sample Prompt & Theses

Making reference to the cases of Rwanda and Yugoslavia, construct an argument that addresses the following questions: When you consider the various theories you've encountered about the emergence of ethnic politics in your readings as well as in lecture, how well (or how poorly) do specific elements of these two cases fit those theories? What is the strongest explanation overall for why ethnic violence broke out in these two cases and eventually assumed the proportions it did? Does the same answer apply to both cases, or do different answers best explain Rwanda and Yugoslavia separately?

  • The Rwandan and Yugoslav genocides were similar in some ways. In other ways, though, they were different. 
  • Ethnic politics leads to the emergence of ethnic violence.
  • I argue that ethnic politics is important for understanding violence in Rwanda and Yugoslavia and for explaining the genocides there.
  • Rwanda and Yugoslavia both experienced similar levels of ethnic politics and ethnic violence during the 1990s and followed similar paths to genocide.
  • Ethnic politics does not always lead to ethnic violence, but in cases where the state collapses like it did in Rwanda and Yugoslavia, the path from ethnic politics to genocide will be similar.

Taken from Gov 20, Fall 2015

What is an Argument?

In the social sciences, an argument typically make claims about the way the world works. It argues that the world is one way rather than another, and explains why it is that way .

The first part of the bolded statement above is really important. In social science courses, you will rarely be asked to just summarize a set of facts. You will instead be asked to make assertions about how something came to be or how some phenomenon caused another.

This implies a counterfactual , which is a statement about how the world would have been, if something else had happened. For example, you might argue that polarization in American politics is caused by people moving to areas where most people share their political beliefs. This implies that if people didn't move to neighborhoods or cities with like-minded people, there wouldn't be polarization. But they do , so there is .

The first part of the bolded statement above also implies that you will give evidence to show us that your argument is correct.

The latter part of the statement, in turn, implies that you will show us the "why" of the phenomenon you're looking at: how exactly does it work?

Thesis Requirements

A thesis statement will be in response to a specific question, whether that question is explicitly asked in a prompt or is a question you have yourself developed in response to course readings or class discussions. Therefore, your thesis statement should clearly be an answer to a question!

Your answer should not just contain a "what is" statement, but a statement of "how" your argument works. What is the "mechanism" of your argument? If you say that wealth causes democracy, make sure the “how” or “because” is also clearly previewed in your thesis.

This is also your introduction to the reader of what the paper’s really about, and it is your chance to explain how the paper will work. It should prepare them for the direction the paper is going, so they know what kinds of evidence they should expect.

In college-level papers, thesis statements can be more than one sentence long. Being concise is good, but it's ok to have a slightly longer thesis statement if your thesis is somewhat complex, e.g., if there are two or three steps in the "how" part of your paper. 

Scope Conditions

Most papers are not about making universal arguments that showcase  everything you know, but about making an valid argument within a set of parameters that are either provided by the assignment itself, or that you decide to keep your argument clear and effective.

In writing, be clear: what are the “scope conditions” of your argument? In other words, under what conditions or in which cases is your argument valid?

Example: “In democracies,” i.e., not for every country we’ve looked at, but only for democracies.

Example: “Among late developers” i.e., only in those countries that developed recently.

Make sure your these boundaries are clearly stated in your thesis statement . Do you think it will be intuitive to the reader why you used these scope conditions in particular? If not, you may need to briefly explain why you're using them, either in the thesis statement itself or just before (or after) your thesis statement.

Evaluating Theses

Can readers take your thesis statement and test it like they would a hypothesis? Would they know what to look for in order to evaluate how well your argument is made? If so, it's probably a strong thesis.

A hypothesis is a statement that can be tested . For example, in the statement "wealth leads to democracy," we can imagine testing it by looking for wealthy countries that aren't democratic.

If readers can look at your thesis statement and come up new evidence to refute your claim, it might mean there's room for healthy debate on the topic--and it might mean there's a genuine weakness in your argument--but it also means you probably have a clearly written thesis statement! 

A really common thesis-related problem for students is that readers don't know how to evaluate whether the argument is right or wrong . This idea of being able to test arguments against new evidence is what makes political science "scientific."

Additional Tips

Be direct, and own your answer. Don’t say, “The purpose of my paper is to show that economic development causes democracy.” Say, “Economic development causes democracy, because…”

But it is OK to use the first-person voice in political science! (Example: "Wealth is a necessary condition for democracy. I show this by examining all countries with an average GDP above $6,000 per year")

Make it clear where your thesis statement is. You don’t have to put the thesis statement at the end of a short, first paragraph...but this is common, because it keeps you from writing too much/too little introduction, and it’s often where your reader will look first (because it is so common!)

Avoid the word “prove,” which implies definitive proof (which is rarely possible in social sciences)

Avoid overly stylized language in your thesis statement, and keep it as clear, specific, and unambiguous as possible.

It’s ok to argue that sometimes things work one way, and sometimes another. For example, “wealthy countries are usually democratic, but sometimes they aren’t.” However, it’s much stronger to try and make this difference part of your argument---”Wealthy countries are usually democratic because [reason], but oil-rich countries are an exception because [reason].”

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Home Essay Samples

Essay Samples on Government

The subject of government is often approached by college students majoring in Law and Political Sciences. At the same time, when you check various government essay examples, you will instantly notice that journalists, psychologists, historians, and even healthcare majors often have to deal with governmental processes and related studies. The complex part of such essays is a necessity of prior exploration and analysis of the information that you have. Remember that the federal laws differ between the states, which is an important point to consider. As you work on your sources, always take notes and write down important names and the laws to provide your readers with at least one piece of evidence per claim. It will help you to keep your writing focused and precise. Successful government essays must operate with the facts and sum things up again in the conclusion part regardless of your essay type. The only difference is posed by the governmental case study writing. The structure requires an introduction part where you explain the problem or an issue researched, three to five body paragraphs that provide analysis, and the conclusion part that should be like an executive summary where you list and explain your findings.

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Escalating Water Crisis: Scarcity, Sustainability, and Global Collaboration

The global water crisis is an urgent and complex issue that threatens the well-being of humanity and the health of our planet. This essay delves into the multifaceted dimensions of the water crisis, investigating its causes, the wide-ranging impacts it generates, and the imperative of...

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Unmasking the Opioid Crisis: Causes, Consequences, and Paths to Recovery

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Navigating the Housing Crisis: Challenges and Implications

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Government Surveillance in George Orwell's "1984": The Illusion of Security

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The 2008 Financial Crisis: the Causes and Unraveling the Effects

The financial crisis of 2008 remains etched in history as a watershed moment that shook the global economy to its core. Its causes were intricate, and its effects, profound. This essay embarks on a journey to dissect the intricate web of causation behind the financial...

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Unraveling the Ukraine Crisis: Geopolitical Tensions and Regional Dynamics

The Ukraine crisis of recent years has captivated the world's attention, bringing to the forefront complex geopolitical issues, regional dynamics, and the quest for stability. This essay delves into the multifaceted layers of the Ukraine crisis, exploring its historical context, the role of major global...

Addressing the Rape Crisis: Advocacy, Awareness, and Empowerment

The issue of sexual violence and rape is a grave societal concern that demands urgent attention. This essay delves into the complexities surrounding the rape crisis, exploring its root causes, the impact on survivors and society, and the crucial role of advocacy, awareness, and empowerment...

Unveiling the Dynamics of Economic Crises

Economic crises are recurrent phenomena that have the power to disrupt entire economies, destabilize financial systems, and affect the lives of millions. This essay delves into the multifaceted aspects of economic crises, exploring the root causes, their far-reaching impacts, and the strategies that governments, institutions,...

Effective Dispute Resolution and Crisis Management

In the realm of complex human interactions, conflicts and crises are inevitable. Dispute resolution and crisis management play crucial roles in maintaining stability, fostering collaboration, and preventing situations from spiraling out of control. This essay delves into the strategies and principles that underpin effective dispute...

The Cuban Missile Crisis: Lessons in Diplomacy and Deterrence

The Cuban Missile Crisis of 1962 stands as one of the most intense and dangerous episodes of the Cold War era. This essay delves into the multifaceted aspects of the crisis, exploring the causes, the decisions made by key players, and the lessons that have...

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The Impact and Lessons of the 2008 Financial Crisis

The 2008 financial crisis stands as one of the most significant and disruptive events in modern economic history. Its reverberations were felt globally, causing widespread economic turmoil and prompting critical evaluations of financial systems. This essay delves into the causes and consequences of the crisis,...

What is Patriotism: Exploring the Essence of Love for One's Country

Patriotism, a sentiment deeply ingrained in the human spirit, is often described as the love, loyalty, and devotion one feels towards their homeland. It is an emotion that transcends geographical boundaries, uniting individuals under the banner of shared identity and pride. Patriotism has been the...

  • Citizenship

The Cold War: A Comprehensive Examination (DBQ)

The Cold War, a geopolitical and ideological conflict between the United States and the Soviet Union, left an indelible mark on the 20th century. This essay employs a Document-Based Question (DBQ) approach to delve into the multifaceted aspects of the Cold War, analyzing its origins,...

  • International Politics

Ronald Reagan and the Cold War: A Transformational Era

Amidst the intense geopolitical rivalry of the 20th century, ronald reagan cold war emerged as a central figure whose strategic policies and leadership greatly influenced the course of the Cold War. As the 40th President of the United States, Reagan played a pivotal role in...

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NATO, the Cold War, and Civil Rights: Struggles and Achievements

NATO, the Cold War, and civil rights are three interconnected threads that defined the latter half of the 20th century. This essay delves into the complex interplay between these forces, exploring how the North Atlantic Treaty Organization (NATO) influenced the global landscape during the Cold...

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NATO in the Cold War: Unity, Security, and Strategic Alliance

The North Atlantic Treaty Organization (NATO) emerged as a central pillar of stability and cooperation during the tumultuous era of the Cold War. As a military and political alliance formed in the aftermath of World War II, NATO played a crucial role in shaping the...

Why the Tuskegee Study was Unethical: A Dark Chapter in Medical History

"Why the Tuskegee Study Was Unethical" is a question that delves into one of the most infamous and morally reprehensible experiments in medical history. The Tuskegee Study, officially known as the "Tuskegee Study of Untreated Syphilis in the Negro Male," was a research project conducted...

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Why Prisoners Should Be Allowed to Vote: a Debate

The question of whether prisoners should be allowed to vote is a contentious issue that touches upon principles of democracy, rehabilitation, and social reintegration. The denial of voting rights to prisoners raises ethical and legal concerns about disenfranchisement and the potential impact on both the...

Why Is the Second Amendment Important: Examining the Right to Bear Arms

The Second Amendment of the United States Constitution, often a topic of intense debate, holds a pivotal place in American history and culture. Enshrined within the Bill of Rights, this amendment protects the right of citizens to bear arms. This essay delves into the reasons...

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Why Do We Celebrate Veterans Day: Honoring Those Who Serve

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Why Assault Weapons Should Be Banned

Assault weapons have become a topic of intense debate in recent years due to their potential for mass destruction and the devastating impact they can have on communities. This essay delves into the pressing issue of why assault weapons should be banned, considering their lethal...

Who Was the Best US President: Assessing the Legacy of the American Presidents

The question of who was the best US president is a subject of spirited debate and reflection. The history of the United States is marked by a lineage of leaders who have left lasting impacts on the nation and the world. This essay examines the...

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Establishing a Shadow Great British Railways

Government will begin delivering improvements for rail passengers and freight users straight away.

The Rt Hon Louise Haigh MP

Today (3 September 2024) I am announcing that I will be instructing the CEO of Network Rail, the Director General for Rail Services in the Department for Transport, and the CEO of DfT OLR Holdings Ltd ( DOHL ) to establish a Shadow Great British Railways. As the main organisations responsible for the operational railway, they will be working in closer collaboration, bringing together track and train to deliver for passengers and freight users, ahead of legislation to create Great British Railways ( GBR ) as an arm’s length body.

Our manifesto committed to putting passengers at the heart of the service by reforming the railways and bringing them into public ownership. Great British Railways will be created to deliver a unified system that focuses on reliable, affordable, high-quality, and efficient services; along with ensuring safety and accessibility.

GBR will put passengers back at the heart of the railways and introduce new measures to protect their interests. This will include paving the way for a powerful new passenger watchdog, the Passenger Standards Authority, to independently monitor standards and champion improvement in service performance against a range of measures. Great British Railways will reform the ticketing system, to make it simpler for passengers, drive innovation across the network, replace the current myriad of ticket types and maximise passenger growth.

There will be a statutory duty on GBR to promote the use of rail freight, alongside an overall growth target set by the Secretary of State. The government will include safeguards to ensure that freight operators continue to receive fair access to the network. Open access operators have a proven track record in driving competition and better passenger outcomes, and where there is a case that open access operators can add value and capacity to the network, they will be able to.

While primary legislation is required to initiate the change to public ownership and establish GBR , this government will begin delivering improvements for passengers and freight users straight away. That is why I am taking the immediate step of standing up Shadow Great British Railways today. The 3 organisations will work collaboratively, taking a whole-system approach to decision-making and driving improvement, whilst retaining their existing accountabilities and duties.

We can achieve change on how organisations work together quickly. But change on the ground, for those who use the railway, will take time. Our railways are fragmented and have been for decades, suffering from a short-sighted investment approach and not providing the services passengers and freight customers need. Delivering change for passengers will rely on building new levels of trust, openness and transparency across the industry, with diverse teams brought together that reflect the customers and communities we serve – setting the tone for reform and enabling us to create a modern and affordable railway for everyone in Britain.

I will expect Shadow Great British Railways to be passenger focused and unlock barriers to delivery. I will also expect it to work alongside my team and I with rail stakeholders and partners across Great Britain, including national and regional governments, mayors, the trade unions, train operators, passenger and freight representative groups, the supply chain, the regulator and railway staff to deliver improvements. As part of the plans for reform, this includes the need to speed up training for drivers and collaborate with the sector to build resilience and improve productivity.

I will be writing to the Chief Executives and the Director General to set their initial priorities and how I expect them to work together as Shadow Great British Railways.

Transport Secretary fires the starting gun on rail reform as Public Ownership Bill reaches final stages in Commons , press notice.

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What It’s Like to Respond to Mpox in Africa Right Now

I t was early morning in Burundi when one of our patients set out for the hospital, her baby strapped to her back and her sick four-year-old son cradled in her arms. When her little boy’s itchy sores started to weep and he would not stop crying, she knew she had to get him there as quickly as possible. They trekked for miles up a dusty red path, passing palm groves and rice fields as they made their way. When she finally arrived, the doctors told her they’d have to move her son to a separate building. “He has mpox,” they said.

Scenes like this are playing out daily all over Burundi—and in other Central African countries—as thousands of people are falling sick with a new strain of mpox that is ravaging the region. On Aug. 14, 2024, the World Health Organization (WHO) declared that the multiple mpox outbreaks occurring on the African continent were a Public Health Emergency of International Concern. Although mpox has been around for decades, a new strain known as clade Ib has led to thousands of infections and hundreds of deaths in countries such as the Democratic Republic of Congo (DRC), Burundi, Rwanda, and the Central African Republic.

The WHO declaration was meant to spur an international response. But what has this looked like on the ground? As doctors who have treated dozens of mpox patients in Burundi over the past four weeks, take it from us: the response has been passive at best. People are in desperate need of both medical care and basic resources.

Read More : What to Know About Mpox in 2024

The limited funding is largely being directed toward improving mpox diagnosis and surveillance. Almost nothing is left over to care for the sick or prevent the continued spread of mpox in communities most at risk. This is especially heartbreaking since this outbreak seems to preferentially strike vulnerable groups, including women, children, people with HIV, and those who face food insecurity. This gap in mpox prevention and care is especially acute in countries like Burundi, where the health system is already strained after decades of civil war and where diseases like cholera, measles, malaria, and malnutrition are all too common.

Health workers speak with patients inside a ward for women infected with Mpox at the Kamenge University Hospital's Mpox treatment center in Bujumbura, Burundi, on Aug. 22, 2024.

One of our other patients came to the hospital with her newborn whom she was breastfeeding. She had walked for hours to reach us, seeking help for the numerous painful lesions that now covered most of her skin. She was diagnosed with mpox, and we recommended that she stop breastfeeding to avoid the skin-to-skin contact by which mpox spreads. Having no other way to nourish her child, she became distraught at being asked to choose between the baby going hungry or the baby developing mpox. There were no vaccines to protect the baby and no other resources available to provide a safe feeding alternative for this family.

Read More : It’s Time to Start Taking Mpox and Bird Flu Seriously

This lack of care-focused resources for people with mpox is not a failure of science. Mpox is not a new disease, and there are vaccines and medications that can greatly alter its course. But these tools are not available in the hospitals and health centers that are tasked with caring for a growing number of people with mpox every day. A scant 250,000 courses of the only effective vaccine have been earmarked for DRC, when tens of millions of doses are actually needed to curb mpox’s spread. And smaller counties like Burundi have no access at all. By contrast, when one patient with the clade Ib strain was diagnosed in Sweden, the European Centers for Disease Control decided to recommend that travelers to Africa now consult their physicians about receiving shots.

Governments in the region are trying valiantly to respond to the mpox crisis. In Burundi, the government has developed a comprehensive national plan for managing mpox. But they should not have to shoulder the burden alone—and these regions desperately need partners who can immediately step up and provide:

  • Dignified services to those already sick with mpox, including care in the community for people who are stable and at the hospital for those who have severe disease or who are at high risk for it. Such care would include access to proven strategies for decreasing the sickness and suffering associated with mpox, such as antivirals, antibiotics, and anti-inflammatory eye drops to prevent the blindness sometimes seen when mpox affects the eye. It would also address the socioeconomic needs of families: hunger, housing, childcare, and management of common comorbidities, including HIV.
  • Localized, preventive care . This works best when it originates within the community and could include adapting standard health-education messaging so that it is relevant for those most at risk. Epidemics exploit fractures in society and can escalate pre-existing tensions. Mpox mitigation measures should be paired with activities meant to foster collaboration and address other community needs.
  • Immediate vaccination in places where the epidemic is concentrated. Because most impacted regions face challenges with overcrowding and limited access to water, other preventive measures will be less effective. Releasing existing vaccines for use in Central Africa and making sure they can be imported, stored, and administered safely should be a priority.
  • Investment in strengthening health systems , since infectious diseases will always prey upon people whose health is most precarious. Instead of providing the bare minimum necessary to respond to mpox, donors should see this outbreak as a call for backing solid and lasting investments in building resilient health systems.

Models of mpox care that embrace these pillars have been developed in countries like Burundi. When the first patients with mpox began appearing in the rural areas, our team at Village Health Works—an organization founded by a Burundian to provide high-quality health care to those with limited access—launched a holistic response program called Halting the Mpox Outbreak with Equity (HOME). We stand ready to support the government regionally and nationally but need to mobilize resources to do so effectively.

Dr. Robert Musole, medical director of the Kavumu hospital (right), consults an infant suffering from a severe form of mpox at the Kavumu hospital in Democratic Republic of Congo, Aug. 24, 2024.

There is a global sense of fatigue when it comes to outbreaks, and mpox is no exception. What is happening to families in Central Africa can seem very far away. People reaching for their smartphones or laptops to Google where countries like Burundi are located should realize, however, that they already have a connection to Central Africa. The minerals that power these technologies have been extracted from the area by companies that have reaped billions of dollars in profit. Very little of this capital has been reinvested for the betterment of people living there.

The weak mpox response on the ground shows that governments and their international collaborations are impotent in the face of an outbreak like this. And really, it shouldn’t just be their responsibility: companies that get rich by taking materials out of this region of the world should have to reinvest in building sustainable health systems.

We are used to hearing the word “outbreak” in conjunction with the spread of an infectious disease. But an alternative meaning of the term is “a sudden increase in activity.” We urgently need an outbreak of solidarity and resource mobilization to end mpox in Central Africa.

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