Document 11: The Federalist Papers: A Timeless Guide to the U.S. Constitution

The Federalist Papers, a cornerstone of American political philosophy, are a collection of 85 articles and essays written under the pseudonym “Publius.” Alexander Hamilton, James Madison, and John Jay were the trio behind these influential writings. These papers were crafted to advocate the ratification of the United States Constitution.

The Who and Why: In the wake of the Constitutional Convention of 1787, a fierce debate erupted across the states about the proposed Constitution. Opponents, known as Anti-Federalists, feared that a strong central government would trample on the rights and liberties of citizens. Hamilton, Madison, and Jay embarked on writing the Federalist Papers to counter these fears and promote the benefits of the new framework.

Alexander Hamilton, a key architect, managed to write 51 essays. James Madison, who later became the fourth President of the United States, contributed 29 essays, and John Jay, who would become the first Chief Justice of the United States, contributed five essays. Their collective efforts aimed to elucidate and defend the principles of the Constitution.

The Papers: The Federalist Papers, originally published in several New York State newspapers in 1787 and 1788, addressed various aspects of governance and federalism. They tackled concerns about the weaknesses of the Articles of Confederation, the need for a stronger centralized government, the structure of the proposed government, the separation of powers, and the mechanisms of checks and balances.

Key Papers:

1. Federalist No. 1 (Hamilton): Hamilton introduces the series to persuade New Yorkers to support the Constitution. He frames the decision as not merely local or temporary but a lasting choice affecting future generations and the entire American experiment. This paper sets a severe and urgent tone for the debate.
2. Federalist No. 9 (Hamilton): Hamilton argues for a strong, consolidated Union to remedy the instability of confederacies. He cites the failures of past confederacies and posits that a well-constructed Union would mitigate the dangers of factionalism and insurrection, preserving peace and stability.
3. Federalist No. 10 (Madison): This essay tackles the problem of factions and their threat to democratic government. Madison suggests that a large republic with diverse interests will prevent any single faction from gaining too much power, promoting stability, and protecting minority rights.
4. Federalist No. 23 (Hamilton): Here, Hamilton discusses the necessity of a strong central government, particularly for providing common defense. He argues that only a national government can adequately address issues like defense, regulate trade, and maintain stable relations with foreign nations.
5. Federalist No. 39 (Madison): Madison addresses the federal nature of the proposed Constitution. He explains the dual sovereignty of state and federal governments, with the federal government having limited, enumerated powers while the rest remain with the states.
6. Federalist No. 47 (Madison): In this paper, Madison rebuts the Anti-Federalist concern about the concentration of power. He argues that the separation of powers and the Constitution’s system of checks and balances effectively prevent any one branch from dominating the others.
7. Federalist No. 48 (Madison): Continuing the theme of checks and balances, Madison highlights the practical implementation of this principle. He stresses that mere parchment barriers are insufficient and that the structure of the government must enforce this separation.
8. Federalist No. 49 (Madison): Madison critiques the idea of frequent constitutional conventions. He argues that this would undermine the government’s authority and destabilize the political system, advocating for a more measured approach to amendments instead.
9. Federalist No. 51 (Madison): Perhaps the most famous for explaining checks and balances, this paper argues that each branch’s ambition will serve as a check on the others, maintaining a balance of power and protecting liberties.
10. Federalist No. 52 (Madison): This essay delves into the structure and role of the House of Representatives, emphasizing its responsiveness to the people through frequent elections and direct democratic selection.
11. Federalist No. 62 (Madison): Madison discusses the Senate’s design, focusing on its role as a stabilizing, deliberative body. He explains the rationale for longer terms, indirect election, and equal state representation.
12. Federalist No. 70 (Hamilton): Hamilton argues for a single executive, contending that this promotes responsibility, swift action, and accountability, unlike a plural executive where responsibilities and blame can be obscured.
13. Federalist No. 78 (Hamilton): This paper focuses on the judiciary, advocating for judicial independence as a safeguard against legislative and executive encroachment. Hamilton introduces judicial review as a critical mechanism for protecting the Constitution.
14. Federalist No. 84 (Hamilton): Hamilton addresses the absence of a Bill of Rights, arguing that the Constitution’s structure and provisions inherently protect individual liberties, making a separate Bill of Rights unnecessary.
15. Federalist No. 85 (Hamilton): In the concluding essay, Hamilton advocates for the Constitution’s ratification, emphasizing the flexibility of the amendment process. He reassures that additional protections, such as a Bill of Rights, can be incorporated after ratification. (And they were!)

Impact and Legacy: The Federalist Papers were crucial in shaping American political philosophy. They did not sway the immediate ratification debates as much as hoped, but they provided a foundational theoretical framework for the Constitution. Over time, they have been used extensively in constitutional interpretation and remain a primary source for understanding the Founding Fathers’ intentions regarding the Constitution.

As a collection, the Federalist Papers are an unparalleled reflection of the framers’ vision and the philosophical underpinnings of American democracy. They provide insight into the Constitution’s intended meaning and broader ideas about governance, human nature, and the balance of power that were instrumental in shaping the United States.

In preparing this summary, I revisited the Federalist Papers by listening to a Wonderium Great Course taught by Joseph L. Hoffmann of the Indiana University Maurer School of Law; these 12 thought-provoking lectures, half-hour each.

The importance of the Federalist Papers can be found in the Supreme Court case of “McCulloch v. Maryland,” 17 U.S. (4 Wheat.) 316 (1819), where Chief Justice John Marshall referenced the Federalist Papers to understand the Founders’ intent. In this landmark decision, Marshall used the writings in the Federalist Papers to interpret the Constitution’s meaning and assert federal laws’ supremacy over state laws.

In “McCulloch v. Maryland,” Marshall cites the Federalist Papers to support the broad interpretation of federal powers under the Constitution. One of his key quotes from the decision where he references the Federalist Papers is:

“In discussing these questions, the counsel for the State of Maryland have deemed it of some importance, in the construction of the Constitution, to consider that instrument not as emanating from the people, but as the act of sovereign and independent States. It has been said that the powers of the General Government are delegated by the States, who alone are truly sovereign, and must be exercised in subordination to the States, who alone possess supreme dominion.”

It did not go Maryland’s way, and this statement and others in the decision reflect Marshall’s view that the Constitution established a strong federal government with certain implied powers beyond those explicitly stated. His interpretation leaned on the Federalist Papers’ explanation of federal authority and the nature of the Union, underscoring their significance in constitutional interpretation and the understanding of the Founders’ intent. The power of the state to tax federal property amounted to the state’s power to destroy the federal government, and Chief Justice Marshall was not going to allow that to happen.