The Federalist

Front Cover
Barnes & Noble Publishing, 1996 - 572 pages
"At the height of the debates over the adoption of the Constitution in 1787-88, a series of articles began to appear in a New York journal. Their author, calling himself "Publius," urged the ratification of the new constitution, offering- in Thomas Jefferson's words- "the best commentary on the principles of government which ever was written." These eighty-five articles, commonly known as "The Federalist Papers," were, in reality, the work of three men: Alexander Hamilton, James Madison, and John Jay. Their purpose was to persuade convention voters-and ultimately the general public-that the old government, as it existed under the Articles of Confederation, was defective and that the proposed constitution, with its three branches of government, was the best means of realizing the ideals of justice and individual right. These papers were soon collected and printed in book form in 1788 by John and Archibald McLean under the title The Federalist. ".
 

Contents

Introduction by Benjamin Fletcher Wright
1
1
43
Fundamental Law and the Judicial Guardians
67
The Rational Appeal to SelfInterest
77
Introduction
89
Union as a Requisite for National Safety
97
Separate Confederacies and Foreign Powers
105
Causes of Wars Among the States if Disunited
113
Powers and Continuing Advantages of the States
324
State and Federal Powers Compared
329
I
336
II
343
Appeal to the People in Cases of Disagreement
347
Periodical Appeals to the People
352
Checks and Balances
355
The House of Representatives
359

Consequences of Wars Between States
119
The Size and Variety of the Union as a Check on Faction
129
The Value of Union to Commerce and the Advantages of a Navy
136
Union and the National Revenue
142
Representative Republics and Direct Democracies
150
Defects of the Confederation
157
Inability of the Confederation to Enforce Its Laws
162
The Future Balance of State and National Powers
167
The Greek Confederacies
171
Medieval and Modern Confederacies
176
The Netherlands Confederacy
182
Defects of the Present Confederation
186
Lack of Powers and of Proper Ratification
191
The Necessity of an Energetic and Active National Government
199
To Provide for the Common Defense
203
The States and the Common Defense
208
The Powers of Congress and the Common Defense
213
The Enforcement of the Supreme Law of the Land
219
A National Army and Internal Security
222
The Regulation of the Militia
226
A General Power of Taxation
231
The Necessity of a National Power of Taxation
236
Exclusive and Concurrent Powers of Taxation
240
The Constitutionality of National Tax Laws
244
Concurrent Authority in Taxation
248
Further Reasons for an Indefinite Power of Taxation
253
Direct and Indirect
259
Problems Confronting the Federal Convention
265
Inconsistencies of Opponents of Ratification
272
Republicanism Nationalism Federalism
280
The Authority of the Convention
286
I
293
II
302
III
309
Restrictions on Powers of the States
317
Annual and Biennial Elections
364
The Apportionment of Representatives and of Taxes
369
The House and Knowledge of Local Circumstances
374
Adequacy of Representation in the House
379
The Popular Basis of the House
383
The Future Size of the House
388
National Regulation of Congressional Elections
393
Safety in National Control of Elections
398
Uniformity in the National Control of Elections to the House
403
The Nature and the Stabilizing Influence of the Senate
407
The Necessity of a Senate
413
The Senate and the Treaty Power
420
Appointments and Impeachments
426
Further Consideration of the Impeachment Power
431
The Executive
436
The Method of Electing the President
440
Comparison of the President with Other Executives
444
Advantages of a Single Executive
451
The Presidential Term of Office
458
Reeligibility of the President
462
The Presidential Salary and Veto
467
The Military and Pardoning Powers of the President
473
The President and the Treaty Power
475
The President and the Appointing Power
480
The Powers of the President Concluded
484
The Judges as Guardians of the Constitution
489
The Position of the Judiciary
497
Jurisdiction of the Federal Courts
499
Distribution of the Judicial Power
505
The State and the Federal Courts
514
Trial by Jury
518
The Lack of a Bill of Rights
531
Conclusion
541
Index
549
Copyright

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