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The Federalist Papers: Difference between revisions
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The Senate conducts trials of impeachments of high-ranking federal officials. This is the subject of Article II (2), [[Constitution_of_the_United_States#Article_2_.28Executive.29:_4_sections|Section 4]], of the US Constitution. | The Senate conducts trials of impeachments of high-ranking federal officials. This is the subject of Article II (2), [[Constitution_of_the_United_States#Article_2_.28Executive.29:_4_sections|Section 4]], of the US Constitution. | ||
==No. 67—69== | ==No. 67—69: Presidency== | ||
In Federalists 67 through 69, Hamilton explains that the powers of an American president would be much more limited than the powers of a monarch. | In Federalists 67 through 69, Hamilton explains that the powers of an American president would be much more limited than the powers of a monarch. | ||
Revision as of 16:00, September 4, 2022
The Federalist Papers were 85 essays promoting the Constitution of the United States; these essays were intended to convince the New York delegation of the 1787 Constitutional Convention to ratify the Constitution for the state of New York. These were written by Alexander Hamilton, James Madison, and John Jay.
These essays serve as supplementary readings for American law school students.
Authorships
Alexander Hamilton wrote a total of 51 essays while John Jay wrote only 5 essays.
James Madison wrote Federalist 10, 41-46, 48, and 51.
No. 9: "Balances & checks"
In Federalist Number 9, Hamilton describes the way the two houses of the American federal legislature would balance and check each other.
No. 10: Factions
Federalist Number 10 is regarded by some American legal experts as the most important and influential of the Federalist Papers.
Madison discusses factions. He explains that one way to eliminate the causes of factions is by abolishing liberty itself. Another way to eliminate factions, Madison elaborates, is to tyrannically force adherence to one opinion.
Madison states that economic disparities among humans are inevitable. This, in turn, increases the tendency to form factions.
Madison warns that if a coalition of factions gains a majority in a direct democracy, then this coalition will impose its will upon the minority.
No. 17: State powers
Federalist Number 17 is where Hamilton lists state powers:
- Family; Family life such as marriage
- Land; Land and other legal property rights
- Agriculture
- Food production and distribution
- Education of children
- Police powers to protect people from crimes.
No. 39
In Federalist 39, Madison explains that the term "republic" is often applied imprecisely. Madison describes a republic as a government based on indirect popular sovereignty. Furthermore, the office-holders in a republic hold office for a limited period as opposed to being appointed for life.
No. 40: Legality of the Convention
In Federalist 40, Madison addresses the question of the legality of the Constitutional Convention in Philadelphia in 1787 when the Convention's direction took a turn for the abrogation of the Articles of Confederation.
No. 41—44: Federal powers
Federalists 41, 42, 43, and 44 enumerate the powers of the federal government. These powers are listed in Article I, Section 8, of the United States Constitution. Most of the enumerated federal powers are given to Congress. Nevertheless, the foreign affairs, diplomacy, and treaty-making are assigned to the Presidency under Article II (2), Section 2.
No. 45—46: Federal encroachment
In Federalists 45 and 46, Madison explains that no law can be written to circumscribe federal powers; the solution is to constantly use the political process to limit the powers of the central government.
Madison explores if federal powers would be "dangerous" to the States. He describes the powers of the States. For example, in the 1700s, the State legislatures would have to decide on the elections of the President of the United States and federal Senators.
No. 47—51: Separation of powers
Madison explores the separation of legislative, executive, and judicial powers in Federalists 47 through 51.
In Federalist 47, Madison answers the Anti-Federalists who claim that the new Federal government superseding the Articles of Confederation (AoC) doesn't properly separate the horizontal governmental powers. In this essay, Madison pays tribute to the work of Montesquieu, The Spirit of Law (1748).
In Federalist 48, Madison explains that an absolute separation of powers is impossible in practice.
In Federalist 49, Madison rejects the idea of Thomas Jefferson that a convention should resolve conflicts between the governmental branches by means of a referendum.
In Federalist 50, Madison rejects the idea of regularly scheduled conventions; this is in line with Madison's opposition to direct democracy.
In Federalist 51, Madison delves into checks and balances among governmental branches. He proposes a bicameral federal legislature to dilute the powers of the legislative branch.
No. 52: House of Representatives
In Federalist Number 52, Madison outlines the process of choosing the members of the House of Representatives.
No. 54: Apportionment
In Federalist Number 54, Madison reviews the apportionment of the members of the House.
No. 55—58: # of House members
In Federalists 55 through 58, the optimal number of House members is examined.
Under Article I (1), Section 2, of the US Constitution, the House would start with 65 members. In addition, "The Number of Representatives shall not exceed [1 per 30,000]."
No. 59: House elections
Federalist 59 is a defense that the House of Representatives should regulate the rules for the election of its own members.
No. 60—61: House elections cont'd
No. 62: Senate
Members of the federal Senate must be at 30 years of age, have been an American citizen for 9 years, and have been an inhabitant of the relevant State.
No. 63
Madison spends much time justifying the creation of Senate positions with 6-year terms in Federalist Paper number 63.
No. 64: Senate & foreign affairs
Jay explores the role of the Senate in foreign affairs. The Senate has the power to ratify treaties with a ⅔ vote.
No. 65—66: Impeachments
The Senate conducts trials of impeachments of high-ranking federal officials. This is the subject of Article II (2), Section 4, of the US Constitution.
No. 67—69: Presidency
In Federalists 67 through 69, Hamilton explains that the powers of an American president would be much more limited than the powers of a monarch.
No. 55
James Madison rejects direct democracy in Number 55 because of the "degree of depravity in mankind."[1]
No. 80: Federal courts
In Federalist Number 80, Alexander Hamilton delves into the jurisdiction of the federal judiciary. He explains what types of disputes should be heard in federal courts.
State nullification of federal laws
In the aftermath of the Tariff of 1828, James Madison re-emerged in his 80s and announced that he didn't mean that each State could unilaterally nullify federal laws. Madison wanted to ensure that his views weren't misconstrued when he wrote the Federalist Papers.
References
External links
- https://guides.loc.gov/federalist-papers/full-text Complete text at the Library of Congress
- https://fedsoc.org/no86
- https://avalon.law.yale.edu/subject_Menus/fed.asp The Federalist Papers at Yale Law School
