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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From the same source, the people of America may be said to have derived an hereditary impression of danger to liberty, from standing armies in time of peace. The circumstances of a revolution quickened the public sensibility on every point connected with the security of popular rights, and in some instances raise the warmth of our zeal beyond the degree which consisted with the due temperature of the body politic. The attempts of two of the states to restrict the authority of the legislature in the article of military establishments, are of the number of these instances. The principles which had taught us to be jealous of the power of an hereditary monarch were by an injudicious excess extended to the representatives of the people in their popular assemblies. Even in some of the states, where this error was not adopted, we find unnecessary declarations that standing armies ought not to be kept up, in time of peace, without the consent of the legislature. I call them unnecessary, because the reason which had introduced a similar provision into the English Bill of Rights is not applicable to any of the state constitutions. The power of raising armies at all, under those constitutions, can by no construction be deemed to reside anywhere else, than in the legislatures themselves; and it was superfluous, if not absurd, to declare that a matter should not be done without the consent of a body, which alone had the power of doing it. Accordingly, in some of these constitutions, and among others, in that of this State of New York, which has been justly celebrated, both in Europe and America, as one of the best of the forms of government established in this country, there is a total silence upon the subject.
It is remarkable, that even in the two states which seem to have meditated an interdiction of military establishments in time of peace, the mode of expression made use of is rather cautionary than prohibitory. It is not said, that standing armies shall not be kept up, but that they ought not to be kept up, in time of peace. This ambiguity of terms appears to have been the result of a conflict between jealousy and conviction; between the desire of excluding such establishments at all events, and the persuasion that an absolute exclusion would be unwise and unsafe.
Can it be doubted that such a provision, whenever the situation of public affairs was understood to require a departure from it, would be interpreted by the legislature into a mere admonition, and would be made to yield to the necessities or supposed necessities of the state? Let the fact already mentioned, with respect to Pennsylvania, decide. What then (it may be asked) is the use of such a provision, if it cease to operate the moment there is an inclination to disregard it?
Let us examine whether there be any comparison, in point of efficacy, between the provision alluded to and that which is contained in the new Constitution, for restraining the appropriations of money for military purposes to the period of two years. The former, by aiming at too much, is calculated to effect nothing; the latter, by steering clear of an imprudent extreme, and by being perfectly compatible with a proper provision for the exigencies of the nation, will have a salutary and powerful operation.
The legislature of the United States will be obliged, by this provision, once at least in every two years, to deliberate upon the propriety of keeping a military force on foot; to come to a new resolution on the point; and to declare their sense of the matter, by a formal vote in the face of their constituents. They are not at liberty to vest in the executive department permanent funds for the support of an army, if they were even incautious enough to be willing to repose in it so improper a confidence. As the spirit of party, in different degrees, must be expected to infect all political bodies, there will be, no doubt, persons in the national legislature willing enough to arraign the measures and criminate the views of the majority. The provision for the support of a military force will always be a favorable topic for declamation. As often as the question comes forward, the public attention will be roused and attracted to the subject, by the party in opposition; and if the majority should be really disposed to exceed the proper limits, the community will be warned of the danger, and will have an opportunity of taking measures to guard against it. Independent of parties in the national legislature itself, as often as the period of discussion arrived, the state legislatures, who will always be not only vigilant but suspicious and jealous guardians of the rights of the citizens against encroachments from the federal government, will constantly have their attention awake to the conduct of the national rulers, and will be ready enough, if anything improper appears, to sound the alarm to the people, and not only to be the voice, but, if necessary, the arm of their discontent.
Schemes to subvert the liberties of a great community require time to mature them for execution. An army, so large as seriously to menace those liberties, could only be formed by progressive augmentations; which would suppose, not merely a temporary combination between the legislature and executive, but a continued conspiracy for a series of time. Is it probable that such a combination would exist at all? Is it probable that it would be persevered in, and transmitted along through all the successive variations in a representative body, which biennial elections would naturally produce in both houses? Is it presumable, that every man, the instant he took his seat in the national Senate or House of Representatives, would commence a traitor to his constituents and to his country? Can it be supposed that there would not be found one man, discerning enough to detect so atrocious a conspiracy, or
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