The Federalist Papers by Alexander Hamilton (books to read in your 20s .txt) π
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In early 1787, the Congress of the United States called a meeting of delegates from each state to try to fix what was wrong with the Articles of Confederation. The Articles had created an intentionally weak central government, and that weakness had brought the nation to a crisis in only a few years. Over the next several months, the delegates worked to produce the document that would become the U.S. Constitution.
When Congress released the proposed Constitution to the states for ratification in the fall of 1787, reaction was swift: in newspapers throughout each state, columnists were quick to condemn the radical reworking of the nationβs formative document. In New York State, a member of the convention decided to launch into the fray; he and two other men he recruited began writing their own anonymous series defending the proposed Constitution, each one signed βPublius.β They published seventy-seven articles in four different New York papers over the course of several months. When the articles were collected and published as a book early the following year, the authors added another eight articles. Although many at the time guessed the true identities of the authors, it would be a few years before the authors were confirmed to be Alexander Hamilton, James Madison, and John Jay, Hamilton and Madison both being delegates at the convention.
Although the articlesβ influence on the Constitutionβs ratification is debatedβnewspapers were largely local at the time, so few outside New York saw the articlesβtheir influence on the interpretation of the Constitution within the judiciary is immense. They are a window not only into the structure and content of the document, but also the reasons for the structure and content, written by men who helped author the document. Consequently, they have been quoted almost 300 times in Supreme Court cases. They remain perhaps the best and clearest explanation of the document that is the cornerstone of the United States government.
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- Author: Alexander Hamilton
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If reason condemns the suspicion, the same sentence is pronounced by experience. The constitution of Maryland furnishes the most apposite example. The Senate of that state is elected, as the federal Senate will be, indirectly by the people, and for a term less by one year only than the federal Senate. It is distinguished, also, by the remarkable prerogative of filling up its own vacancies within the term of its appointment, and, at the same time, is not under the control of any such rotation as is provided for the federal Senate. There are some other lesser distinctions, which would expose the former to colorable objections, that do not lie against the latter. If the federal Senate, therefore, really contained the danger which has been so loudly proclaimed, some symptoms at least of a like danger ought by this time to have been betrayed by the Senate of Maryland, but no such symptoms have appeared. On the contrary, the jealousies at first entertained by men of the same description with those who view with terror the correspondent part of the federal Constitution, have been gradually extinguished by the progress of the experiment; and the Maryland constitution is daily deriving, from the salutary operation of this part of it, a reputation in which it will probably not be rivalled by that of any state in the Union.
But if anything could silence the jealousies on this subject, it ought to be the British example. The Senate there instead of being elected for a term of six years, and of being unconfined to particular families or fortunes, is an hereditary assembly of opulent nobles. The House of Representatives, instead of being elected for two years, and by the whole body of the people, is elected for seven years, and, in very great proportion, by a very small proportion of the people. Here, unquestionably, ought to be seen in full display the aristocratic usurpations and tyranny which are at some future period to be exemplified in the United States. Unfortunately, however, for the anti-federal argument, the British history informs us that this hereditary assembly has not been able to defend itself against the continual encroachments of the House of Representatives; and that it no sooner lost the support of the monarch, than it was actually crushed by the weight of the popular branch.
As far as antiquity can instruct us on this subject, its examples support the reasoning which we have employed. In Sparta, the Ephori, the annual representatives of the people, were found an overmatch for the senate for life, continually gained on its authority and finally drew all power into their own hands. The Tribunes of Rome, who were the representatives of the people, prevailed, it is well known, in almost every contest with the senate for life, and in the end gained the most complete triumph over it. The fact is the more remarkable, as unanimity was required in every act of the Tribunes, even after their number was augmented to ten. It proves the irresistible force possessed by that branch of a free government, which has the people on its side. To these examples might be added that of Carthage, whose senate, according to the testimony of Polybius, instead of drawing all power into its vortex, had, at the commencement of the second Punic War, lost almost the whole of its original portion.
Besides the conclusive evidence resulting from this assemblage of facts, that the federal Senate will never be able to transform itself, by gradual usurpations, into an independent and aristocratic body, we are warranted in believing, that if such a revolution should ever happen from causes which the foresight of man cannot guard against, the House of Representatives, with the people on their side, will at all times be able to bring back the Constitution to its primitive form and principles. Against the force of the immediate representatives of the people, nothing will be able to maintain even the constitutional authority of the Senate, but such a display of enlightened policy, and attachment to the public good, as will divide with that branch of the legislature the affections and support of the entire body of the people themselves.
Publius
LXIV The Powers of the SenateJay: From The Independent Journal, Wednesday, March 5, 1788.
To the People of the State of New York:
It is a just and not a new observation, that enemies to particular persons, and opponents to particular measures, seldom confine their censures to such things only in either as are worthy of blame. Unless on this principle, it is difficult to explain the motives of their conduct, who condemn the proposed Constitution in the aggregate, and treat with severity some of the most unexceptionable articles in it.
The second section gives power to the President, βby and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concur.β
The power of making treaties is an important one, especially as it relates to war, peace, and
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