The Federalist

Front Cover
Harvard University Press, Oct 15, 2009 - History - 601 pages
Published serially in several New York papers between October 1787 and August 1788, the eighty-five Federalist Papers written by Alexander Hamilton, James Madison, and John Jay under the pseudonym “Publius” advocated ratification of the proposed U.S. Constitution. Together these articles constitute one of the greatest American contributions to political thought. In his introductory essay, Cass R. Sunstein argues that in rejecting the claims of classical republicanism Publius embraces deliberative democracy, and reminds us that Publius’s arguments bear on current debates and “offer lessons for making war and making peace, and for domestic emergencies of many different kinds.” The John Harvard Library text reproduces that of the first book edition (1788), modernizing spelling and capitalization.
 

Contents

Introduction
1
The Natural Advantages of Union
6
Union as a Requisite for National Safety
11
Relations with Foreign Powers
16
Separate Confederacies and Foreign Powers
21
Disunion and Dissension Among the States
26
Causes of Wars Among the States If Disunited
33
Consequences of Wars between States
40
Powers and Continuing Advantages of the States
301
State and Federal Powers Compared
307
The Separation of Powers I
315
The Separation of Powers II
324
Appeal to the People in Cases of Disagreement
330
Periodical Appeals to the People
335
Checks and Balances
339
The House of Representatives
345

Union as a Barrier to Faction and Insurrection
46
The Size and Variety of the Union as a Check on Faction
52
The Value of Union to Commerce and the Advantages of a Navy
61
Union and the National Revenue
69
Union and Economy in Government
76
Representative Republics and Direct Democracies
79
Defects of the Confederation
86
Inability of the Confederation to Enforce Its Laws
95
The Future Balance of State and National Powers
101
The Greek Confederacies
106
Medieval and Modern Confederacies
113
The Netherlands Confederacy
120
Defects of the Present Confederation
125
The Confederation Lack of Powers and of Proper Ratification
131
The Necessity of an Energetic and Active National Government
142
To Provide for the Common Defense
148
The States and the Common Defense
154
The Powers of Congress and the Common Defense
160
The Enforcement of the Supreme Law of the Land
167
A National Army and Internal Security
172
The Regulation of the Militia
177
A General Power of Taxation
184
The Necessity of a National Power of Taxation
190
Exclusive and Concurrent Powers of Taxation
195
The Constitutionality of National Tax Laws
200
Concurrent Authority in Taxation
205
Further Reasons for an Indefinite Power of Taxation
211
Internal Taxes Direct and Indirect
218
Problems Confronting the Federal Convention
226
Inconsistencies of Opponents of Ratification
235
Republicanism Nationalism Federalism
244
The Authority of the Convention
252
Powers Delegated to the General Government I
262
Powers Delegated to the General Government II
272
Powers Delegated to the General Government III
281
Restrictions on Powers of the States
292
Annual and Biennial Elections
351
The Apportionment of Representatives and of Taxes
357
The House and Knowledge of Local Circumstances
363
Adequacy of Representation in the House
369
The Popular Basis of the House
374
The Future Size of the House
381
National Regulation of Congressional Elections
387
Safety in National Control of Elections
393
Uniformity in the National Control of Elections to the House
400
The Nature and the Stabilizing Influence of the Senate
404
The Necessity of a Senate
411
The Senate and the Treaty Power
421
The Senate Appointments and Impeachments
428
The Senate Further Consideration of the Impeachment Power
434
The Executive
441
The Method of Electing the President
446
Comparison of the President with Other Executives
451
Advantages of a Single Executive
459
The Presidential Term of Office
469
ReEligibility of the President
474
The Presidential Salary and Veto
480
The Military and Pardoning Powers of the President
487
The President and the Treaty Power
490
The President and the Appointing Power
496
The Powers of the President Concluded
502
The Judges as Guardians of the Constitution
508
The Position of the Judiciary
517
Jurisdiction of the Federal Courts
521
Distribution of the Judicial Power
529
The State and the Federal Courts
540
Trial by Jury
545
The Lack of a Bill of Rights
562
Conclusion
574
Selected Bibliography
583
Index
587
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