Free Republic

Hamilton Returns to the FrayAfter an absence of several months, Alexander Hamilton returns to take up the issue of the conduct of federal elections. Federalist #59The Regulation of Elections (Part 1 of 3) Alexander Hamilton, 22 February 1788 1 To the People of the State of New York: *** 2 The natural order of the subject leads us to consider in this place that provision of the Constitution which authorizes the National Legislature to regulate in the last resort the election of its own members. 3 It is in these words: “The times, places, and manner of holding elections for...

Hamilton Tackles the Issue of Social ClassWould the rules surrounding elections create a special class of men, separate from the people, who would occupy public office? Hamilton takes on a criticism based on social class. Federalist #60The Regulation of Elections (Part 2 of 3) Alexander Hamilton, 26 February 1788 1 To the People of the State of New York: *** 2 We have seen that an uncontrollable power over the elections to the federal government could not without hazard be committed to the state legislatures. 3 Let us now see what would be the danger on the other side, that...

Madison Addresses the Census and Enlarging the HouseIn his final essay on the topic, Madison takes up three charges against the makeup of the House and addresses them. Federalist #58The House of Representatives (Part 7 of 7) James Madison, 20 February 1788 1 To the People of the State of New York: *** 2 The remaining charge against the House of Representatives, which I am to examine, is grounded on a supposition that the number of members will not be augmented from time to time as the progress of population may demand. *** 3 It has been admitted that this...

Madison Addresses the Quality of CongressmenMadison takes on the issue of what kind of men will be elected to the House and how the people can affect that. Federalist #57The House of Representatives (Part 6 of 7) James Madison, 19 February 1788 1 To the People of the State of New York: *** 2 The third charge against the House of Representatives is that it will be taken from that class of citizens which will have least sympathy with the mass of the people and be most likely to aim at an ambitious sacrifice of the many to the aggrandizement...

Madison Addresses the Size and Attributes of the HouseUsing comparisons to Great Britain and comparisons between the states, Madison lays out his case for defending the size of the House. Federalist #56The House of Representatives (Part 5 of 7) James Madison, 19 February 1788 1 To the People of the State of New York: *** 2 The second charge against the House of Representatives is that it will be too small to possess a due knowledge of the interests of its constituents. *** 3 As this objection evidently proceeds from a comparison of the proposed number of representatives with the...

Madison Tackles the Major Objections to the House of RepresentativesIn the fourth of seven essays, Madison lists the objections to the makeup of the House of Representatives and answers them in detail. Federalist #55The House of Representatives (Part 4 of 7) James Madison, 15 February 1788 1 To the People of the State of New York: *** 2 The number of which the House of Representatives is to consist forms another, and a very interesting, point of view under which this branch of the Federal Legislature may be contemplated. 3 Scarce any article indeed in the whole Constitution seems to...

Brutus Takes on the Courts and the Necessary and Proper ClauseFinishing his essay from a week earlier, Brutus, likely Judge Robert Yates of New York, tackles the implications of the Necessary and Proper Clause and the effects of the federal courts on state sovereignty. Brutus #12, Part 2 14 February 1788 1 This same manner of explaining the Constitution will fix a meaning, and a very important one too, to the 18th clause of the same section which authorizes the Congress to make all laws which shall be proper and necessary for carrying into effect the foregoing powers, etc. 2...

Madison Lays Out the Case for the Three-Fifths RuleMore like a lawyer than a historian, Madison states the Southern case and ties representation to taxation, noting the pitfalls in the Southern argument. Federalist #54The House of Representatives (Part 3 of 7) James Madison, 12 February 1788 1 To the People of the State of New York: *** 2 The next view which I shall take of the House of Representatives relates to the appointment of its members to the several states which is to be determined by the same rule with that of direct taxes. *** 3 It is not...

Madison Addresses the Terms of RepresentativesMadison further justifies the decision of the Convention to opt for biennial elections of representatives even though that was not the custom in the states. Federalist #53The House of Representatives (Part 2 of 7) James Madison, 12 February 1788 1 To the People of the State of New York: *** 2 I shall here perhaps be reminded of a current observation, “that where annual elections end, tyranny begins.” 3 If it be true, as has often been remarked, that sayings which become proverbial are generally founded in reason, it is not less true that when...

Madison Lays the Groundwork for the House of RepresentativesIn this, the first of seven papers, Madison examines the House from the perspective of frequency of elections and the qualifications for representatives. Federalist #52The House of Representatives (Part 1 of 7) James Madison, 8 February 1788 1 To the People of the State of New York: *** 2 From the more general inquiries pursued in the four last papers, I pass on to a more particular examination of the several parts of the government. 3 I shall begin with the House of Representatives. *** 4 The first view to be taken...

Madison Divides and Subdivides the Federal GovernmentIn his last essay in this series, Madison takes the federal government apart, much like a watch, and in a general sense examines what makes the individual parts reinforce republican principles. Federalist #51Separation of Powers (Part 5 of 5) James Madison, 8 February 1788 1 To the People of the State of New York: *** 2 To what expedient, then, shall we finally resort for maintaining in practice the necessary partition of power among the several departments as laid down in the Constitution? 3 The only answer that can be given is that as...

Brutus Dissects the PreambleBrutus, likely Judge Robert Yates of New York, begins a two-part essay in which he examines the Judiciary branch and the consequences of the Preamble. Brutus #12, Part 1 7 February 1788 1 In my last, I showed that the judicial power of the United States under the first clause of the Second Section of Article Eight would be authorized to explain the Constitution, not only according to its letter, but according to its spirit and intention, and having this power, they would strongly incline to give it such a construction as to extend the powers of...

Madison Further Addresses Constitutional RevisionsThe professor of history shines a light on the problems of constitutional revision within Pennsylvania and extends his findings to how to control passions within such an event. Federalist #50Separation of Powers (Part 4 of 5) James Madison, 5 February 1788 1 To the People of the State of New York: *** 2 It may be contended perhaps that instead of occasional appeals to the people, which are liable to the objections urged against them, [periodic] appeals are the proper and adequate means of preventing and correcting infractions of the Constitution. *** 3 It will be...

Madison Discusses the Principles for Changing a ConstitutionIn a purely generic sense, Madison looks at the principles behind performing major surgery to a constitution, examining the interplay between the three departments of government and the people. Federalist #49Separation of Powers (Part 3 of 5) James Madison, 5 February 1788 1 To the People of the State of New York: *** 2 The author of the Notes on the State of Virginia, quoted in the last paper, has subjoined to that valuable work the draft of a constitution which had been prepared in order to be laid before a convention expected...

Madison Looks at Virginia and PennsylvaniaThe earnest professor of history examines the state governments of Virginia and Pennsylvania with a fine-tooth comb, comparing how the states separate their powers. Federalist #48Separation of Powers (Part 2 of 5) James Madison, 1 February 1788 1 To the People of the State of New York: *** 2 It was shown in the last paper that the political apothegm there examined does not require that the legislative, executive and judiciary departments should be wholly unconnected with each other. 3 I shall undertake in the next place to show that unless these departments be so...

Madison Surveys the State GovernmentsStarting with the British government, the earnest professor of history looks at the state governments to find how their designs differ from the plan of the Convention and the proposed Constitution. Federalist #47Separation of Powers (Part 1 of 5) James Madison, 1 February 1788 1 To the People of the State of New York: *** 2 Having reviewed the general form of the proposed government and the general mass of power allotted to it, I proceed to examine the particular structure of this government and the distribution of this mass of power among its constituent parts....

Madison Explains How the States Can Resist Federal TyrannyIn this, one of the most important papers by Madison, he explains the means and mechanisms by which the states can resist a federal government that has escaped its constitutional prison. Federalist #46The Supposed Danger of the Union to the State Governments (Part 2 of 2) James Madison, 29 January 1788 1 To the People of the State of New York: *** 2 Resuming the subject of the last paper, I proceed to inquire whether the federal government or the state governments will have the advantage with regard to the predilection and...

Brutus Attacks the JudiciaryBrutus, most likely Judge Robert Yates of New York, takes on the persona of a legal neophyte in his dissection of the Judiciary Branch under the Constitution. Brutus #11 31 January 1788 1 The nature and extent of the judicial power of the United States proposed to be granted by this Constitution claims our particular attention. *** 2 Much has been said and written upon the subject of this new system on both sides, but I have not met with any writer who has discussed the judicial powers with any degree of accuracy. 3 And yet it...

Madison Tackles Some Miscellaneous but Controversial IssuesMadison may have thought that these issues were worth a brief mention for lack of controversy, but as it turned out, they would leads to issues that would blow up a few generations hence. Federalist #43The Powers to be Vested in the Union (Part 3 of 4) James Madison, 22 January 1788 1 To the People of the State of New York: *** 2 The fourth class comprises the following miscellaneous powers: *** 1. 3 A power “to promote the progress of science and useful arts, by securing, for a limited time, to authors...

Madison Addresses Whether the States Have Anything to Fear from the UnionMadison now works to assure the states that they have nothing to fear from the Union and the federal government. Federalist #45The Supposed Danger of the Union to State Governments (Part 1 of 2) James Madison, 26 January 1788 1 To the People of the State of New York: *** 2 Having shown that no one of the powers transferred to the federal government is unnecessary or improper, the next question to be considered is whether the whole mass of them will be dangerous to the portion of authority...