The Federalist

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Federalist, The America's most significant political treatise, The Federalist Papers have assumed a special place in legal scholarship. Originally written as eighty‐five essays under the pseudonym “Publius,” the essays were published in New York City newspapers between 27 October 1787 and 28 May 1788. The early essays were reprinted widely in newspapers and the entire series was published in two volumes in March and May 1788. Alexander Hamilton and James Madison were the principal authors, while John Jay wrote five essays.

The Federalist was published to persuade the people of New York to elect delegates who would ratify the proposed Constitution in the forthcoming state convention. Publius attempted to clarify and justify various provisions of the Constitution and to explain why other provisions, such as a bill of rights, had been omitted. Americans, Publius argued, had a rare opportunity to create their own form of government through reason and choice rather than relying on chance or force, which had dictated previous constitutions. Demonstrating the necessity of union and the insufficiency of the Articles of Confederation, Publius showed that the Constitution created a republican form of government that was strong, but that was restrained by checks and balances. This government would safeguard liberty and property and restore respect for America abroad.

Though two‐thirds of the delegates elected to the New York convention opposed an unamended Constitution, Publius provided the raw material from which other political writers and orators drew. While responding to specific Antifederalist arguments, The Federalist also offered a unified conceptualization of the principles upon which the new Constitution rested. This philosophical underpinning, based on history, recent experience, and reason, demonstrated why this republican government could survive, where so many others had failed.

Refuting the strongly held belief, often attributed to Montesquieu, that republics could survive only in small territories occupied by homogeneous populations, Madison in number 10 argued that republics could thrive best in large territories where many diverse factions continually vied with each other. Occasionally factions would unite in favor of specific policies, but these coalitions would be short‐lived. Through the persistent struggles of these factions, the liberty of both majorities and minorities would be maintained. The enlarged republic would also provide better leadership by enlarging the pool of qualified individuals from which each representative would be chosen.

The three branches of the federal government were to be separate, each serving as a check upon the other. Although not totally separate, the viability of each branch was guaranteed by giving it sufficient power to defend itself against the actions of the other branches. Furthermore, when any branch overstepped its constitutionally defined role, the other branches could act to check the abuse.

Publius also contended that the new Constitution safeguarded liberty by allocating power between the central and state governments. This new American federalism established spheres of power and some concurrent powers for each level of government. Publius maintained that the Constitution created a central government with limited powers. The powers of Congress and the president were specified. All other powers were implicitly left to the states or to the people. If representatives violated their mandate, the people could replace them through the frequent and free elections guaranteed by the Constitution. If the president or the federal judiciary violated their trust, Congress could impeach and, upon conviction, remove them from office.

Since its first appearance, The Federalist has assumed an honored place in American jurisprudence. Scholars, lawyers, and jurists have cited it as an authority. Too often, however, Publius has been taken at face value without an understanding of the context of the original debate over the ratification of the Constitution. Knowledge of this contemporary debate reveals that Publius was sometimes bested by his opponents; that the views espoused by Publius sometimes differed from the arguments made by Hamilton and Madison in the Constitutional Convention; and that a large portion of the American people and the delegates to the state ratifying conventions did not agree with The Federalist. Nevertheless, from the beginning of government under the Constitution, Americans have relied on The Federalist as the most authoritative source for understanding the intent of the framers (see Original Intent).

See also Federalism; Separation of Powers.

Bibliography

Jacob E. Cooke, ed., The Federalist (1961).
John P. Kaminski and Richard Leffler, eds., The Response to The Federalist (1990).

John P. Kaminski

Federalist, The, 85 essays in support of the Constitution, signed by the pseudonym Publius, and written mainly by Hamilton, assisted by Madison and Jay. First printed (1787–88) in the form of letters to the New York Independent Journal, Packet, and Daily Advertiser, they were collected and revised by Hamilton (2 vols., 1788). There are many critical editions, including those of P.L. Ford and H.C. Lodge. The latter summarizes the long controversy over the authorship by attributing 51 essays to Hamilton, 14 to Madison, 5 to Jay, 3 to Hamilton and Madison in collaboration, and 12 to either Hamilton or Madison.

At the time of writing, the purpose was principally to persuade New York voters to accept the Constitution, but the collected essays have come to be considered an authority on abstract principles of American government, and many Supreme Court decisions have been based in part on statements in The Federalist. The first paper, written by Hamilton, outlines the intention of numbers 1 to 51: “to discuss the following interesting particulars:—The utility of the UNION to your political prosperity—The insufficiency of the present Confederation to preserve that Union—The necessity of a government at least equally energetic with the one proposed, to the attainment of this object—The conformity of the proposed Constitution to the true principles of republican government—its analogy to your own State constitution—and lastly, The additional security which its adoption will afford, to the preservation of that species of government, to liberty, and to property.” Specific subjects include Dangers from Foreign Force and Influence and from Dissensions between the States; The Union as a Safeguard against Domestic Faction and Insurrection; Commercial Relations and a Navy; Revenue; Economy in Government; The Powers Necessary to the Common Defense; Militia; Power of Taxation; and Restrictions on the Authority of the Several States. Numbers 52 to 83 proceed to a detailed analysis of the governmental functions as defined by the Constitution, while the last two essays refute objections and summarize the general argument.

The Federalist series of 85 political essays, sometimes called The Federalist Papers, written 1787–88 under the pseudonym "Publius." Alexander Hamilton initiated the series with the immediate intention of persuading New York to approve the Federalist Constitution. He had as collaborators James Madison and John Jay . Hamilton certainly wrote 51 of the essays, Madison wrote 14, Jay 5; the authorship of 15 is in dispute (as between Hamilton and Madison). The essays were widely read as they appeared, and all except the last 8 were first printed in New York newspapers; the last 8 were first included in a two-volume edition of all the essays in 1788 and were then reprinted in the newspapers. Although the essays had little impact on the debate to ratify the Constitution, they are still considered a classic work of political theory. The authors expounded at length upon the fundamental problems of republican government, and argued that federalism offered a means of both preserving state sovereignty and safeguarding the individual's freedom from tyrannical rule. Many editions of the papers have been published and much has been written about them, a great deal of it devoted to determining authorship. For one edition of the papers see J. E. Cooke, ed., The Federalist (1961).

Bibliography: See study by G. Dietze (1960).