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The Federalist Papers

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The Federalist Papers

Postby Recluse8747 on Sat Mar 29, 2008 10:11 pm

The Federalist Papers are arguably the most important work of political science in American history –they have been sited by the Supreme Court more than any other document in a whopping 296 decisions. A few observations on the proposed federal system…

First, I’ll present a definition of federalism. Madison, Federalist No.51:

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

First. In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.

Second. It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. 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. There are but two methods of providing against this evil: the one by creating a will in the community independent of the majority that is, of the society itself; the other, by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a majority of the whole very improbable, if not impracticable.



Of the first characteristic Madison presents the most misunderstood by the modern American is the idea of duel sovereignty. The framers believed that the best way to guard against an usurpation of a strong central authority was to divide the power between the state and the national government with the state maintaining full sovereignty except in the powers delegated to the national government in the Constitution.

Hamilton, Federalist No.28:

Power being almost always the rival of power, the general government will at all times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other as the instrument of redress. How wise will it be in them by cherishing the union to preserve to themselves an advantage which can never be too highly prized!



Hamilton, Federalist No.32:

But as the plan of the convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, EXCLUSIVELY delegated to the United States. This exclusive delegation, or rather this alienation, of State sovereignty, would only exist in three cases: where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally CONTRADICTORY and REPUGNANT.


Madison, Federalist No. 45:

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. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.


Of the second characteristic of federalism, our republican mandate has become interchangeable with pure democracy, a definition the founders never intended. In Federalist No. 10 Madison notes:

…. a pure democracy… can admit of no cure for the mischiefs of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual. Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. Theoretic politicians, who have patronized this species of government, have erroneously supposed that by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and assimilated in their possessions, their opinions, and their passions.


The only branch of our national government that was meant to be directly elected was the House of Representatives and even in this case the states were granted the power to establish qualifications for the voters. The senate was originally appointed by the state legislatures, the President is still appointed by the Electoral College and the justices by the president and congress. The states themselves were meant to exercise great discretion over the national elections.

Madison, Federalist No.45:

The State governments may be regarded as constituent and essential parts of the federal government; whilst the latter is nowise essential to the operation or organization of the former. Without the intervention of the State legislatures, the President of the United States cannot be elected at all. They must in all cases have a great share in his appointment, and will, perhaps, in most cases, of themselves determine it. The Senate will be elected absolutely and exclusively by the State legislatures. Even the House of Representatives, though drawn immediately from the people, will be chosen very much under the influence of that class of men, whose influence over the people obtains for themselves an election into the State legislatures. Thus, each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments, and must consequently feel a dependence, which is much more likely to beget a disposition too obsequious than too overbearing towards them. On the other side, the component parts of the State governments will in no instance be indebted for their appointment to the direct agency of the federal government, and very little, if at all, to the local influence of its members.


Ironically the one element of the federal government that the people were to directly elect, the House of Reps, has adopted the oligarchish characteristics its detractors alleged. Madison and Hamilton believed that by having a large number of Representatives (one for every 30,000 citizens) it would be impossible for the demagogues to concentrate their power.

Hamilton, Federalist No. 60:

….But it is alleged, that it might be employed in such a manner as to promote the election of some favorite class of men in exclusion of others, by confining the places of election to particular districts, and rendering it impracticable to the citizens at large to partake in the choice….

The improbability of the attempt may be satisfactorily inferred from this single reflection, that it could never be made without causing an immediate revolt of the great body of the people, headed and directed by the State governments. It is not difficult to conceive that this characteristic right of freedom may, in certain turbulent and factious seasons, be violated, in respect to a particular class of citizens, by a victorious and overbearing majority; but that so fundamental a privilege, in a country so situated and enlightened, should be invaded to the prejudice of the great mass of the people, by the deliberate policy of the government, without occasioning a popular revolution, is altogether inconceivable and incredible.


Further, as America was divided between commercial and agrarian interests Hamilton believed the interest of the rich would remain divided and prevent them from uniting in tyranny:

Are "the wealthy and the well-born," as they are called, confined to particular spots in the several States? Have they, by some miraculous instinct or foresight, set apart in each of them a common place of residence? Are they only to be met with in the towns or cities? Or are they, on the contrary, scattered over the face of the country as avarice or chance may have happened to cast their own lot or that of their predecessors? If the latter is the case, (as every intelligent man knows it to be, [1] ) is it not evident that the policy of confining the places of election to particular districts would be as subversive of its own aim as it would be exceptionable on every other account? The truth is, that there is no method of securing to the rich the preference apprehended, but by prescribing qualifications of property either for those who may elect or be elected.


Among other things the Civil War was the triumph of mercantile interest over agrarian ones. The wealthy industrialists would concentrate in urban areas and structure representative districts with an eye toward subjecting rural areas to liberal urban ones. By keeping the number representatives far below their Constitutional ratio it has become even harder for rural areas to receive proper representation. In the South whites have been disenfranchised by large black populations in the cities for decades. Increasingly California is restructuring their representative districts to reflect the massive concentration of Mestizoes in urban areas even when many of the tenets aren’t even US citizens. And this trend has only grown more pronounced as senatorial elections were opened to the popular vote with the Seventeenth Amendment.

http://thomas.loc.gov/home/histdox/fedpapers.html
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