Federalists and AntiFederalists
The Debate for the Ratification of the
Constitution
Madison
A popular Government, without popular information, or the
means of acquiring it, is but a prologue to a farce or a tragedy;
or, perhaps, both. Knowledge will forever govern ignorance; and
a people who mean to be their own governors must arm
themselves with the power which knowledge gives.
Madison, Letter to W. T. Barry, August 4, 1822
Course Outline
Key Concepts
Constitutional Underpinnings of the United
States Government
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Federalism, Separation of Powers, Checks and
Balances, Representation, Pluralism
Ideological and philosophical justifications of the
Constitution
Factions
Bill of Rights
Role of the institutions of government
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Contending theories of American government
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The Ratification Debate
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Crucial states—PA, MASS, VA, NY
First 36 completed by January,1788
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Jay—wounded in a street riot soon after Federalist
series released
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Next 49 completed in Vol. 2—May 28
Madison wrote 40% of final product while the Continental
Congress was sitting in NY
Returned to write in Federalist 64
Checks and balances mentioned once—Federalist 9
Experience
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Experience mentioned 91 times—bookends to The Federalist
Papers
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“After an unequivocal experience of the inefficiency of the subsisting
Federal Government, you are called upon to deliberate on a new
Constitution for the United States of America.” Federalist 1, Hamilton
Quoting Hume, “To balance a large state or society (says he) whether
monarchical or republican, or general laws, is a word of so great difficulty,
that no human genius, however comprehensive, is able by the mere dint
of reason and reflection, to effect it. The judgments of many must unite
in the work: EXPERIENCE must guide their labor: TIME must bring it
to perfection: And the feeling of inconveniences must correct the
mistakes which they inevitably fall into, in their first trials and
experiments.” Federalist 85, Hamilton.
The Ratification Debate
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Political argument
WWJMD?
Reflection of Federalist thought?
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Grouped around major themes
1-14 advantages of a more perfect union
 15-24 weaknesses of the AOC
 23-36 what powers ought to be exercised by national
government
 37-85 proposed Constitution and how it conforms to the
principles of good government and republican principles
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The Ratification Debate
Process of Ratification debate
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1.
2.
3.
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Three Debates pertaining to:
Legality of Convention
Endorsement of Constitution and its adoption
Amendments to the Constitution
8 month period—Sept.87—June 88
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Bulk done in December
All debates have one thing in common—include at least
one member from the Philadelphia Convention who
usually introduced the document
The Ratification Debate
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Debate itself
95 different newspapers
 2 at least in every state
 Philly, NY, Boston media centers
 Federalist positioning in papers
 Only 6 of 95 were Anti-Federalist (13 leaned)
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Federalism and The Federalist
Papers
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“The powers…to the federal government are few and
defined. Those which are to remain in the State
governments are numerous and indefinite. The former
will be exercised principally on external objects such as
war, peace, negotiation, and foreign commerce….The
powers reserved to the several States will extend to all
the objects which…concern the lives, liberties, and
properties of the State.”
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Federalist 45, Madison
Federalism and The Federalist
Papers
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“Both governments are in fact different agents
and trustees of the people, constituted with
different power.”
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Federalist 46, Madison
“If their rights are invaded by either, they can
make use of the other as the instrument of
redress.”
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Federalist 28, Hamilton
Federalist Papers on Congress
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53, 56, 57, 62, 63
Bicameral Institutions
Article I
House of
Representatives
Senate
Federalist Papers
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Federalist 52
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“As it is essential to liberty that the government in
general should have a common interest with the
people, so it is particularly essential that the branch
of it under consideration should have an immediate
dependence on, and an intimate sympathy with, the
people. Frequent elections are unquestionably the
only policy by which this dependence and sympathy
can be effectually secured.”
Federalist Papers
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Federalist 56
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“What are to be the objects of federal legislation? Those which are of most
importance, and which seem most to require local knowledge, are commerce,
taxation, and the militia.”
Federalist 62
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The propriety of these distinctions is explained by the nature of the senatorial
trust, which, requiring greater extent of information and stability of character,
requires at the same time that the senator should have reached a period of life
most likely to supply these advantages; and which, participating immediately in
transactions with foreign nations, ought to be exercised by none who are not
thoroughly weaned from the prepossessions and habits incident to foreign birth
and education. The term of nine years appears to be a prudent mediocrity
between a total exclusion of adopted citizens, whose merits and talents may claim
a share in the public confidence, and an indiscriminate and hasty admission of
them, which might create a channel for foreign influence on the national councils.
The American Executive
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Unique Institution
Bundle of Compromises
Evolution of authority
and power
Presidential Power
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Limited authority
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Adjourn Congress
Constrained authority
Nominate ambassadors
 Nominate federal judiciary
 Veto (with override factor)
 Treaties
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Presidential Power
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Ambiguous authority
Take care that laws are “faithfully executed”
 Executive power shall be vested in the President--murky, controversial
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Interpretations of authority?
Narrow interpretation?—Congressional, literalist
 Broad interpretation?—Hamiltonian
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Federalist Papers
67-77
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Alexander Hamilton--Federalist 67
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“the writers against the Constitution seem to have taken
pains to signalize their talent of misrepresentation.
Calculating upon the aversion of the people to
monarchy, they have endeavored to enlist all their
jealousies and apprehensions in opposition to the
intended President of the United States; not merely as
the embryo, but as the full-grown progeny, of that
detested parent. To establish the pretended affinity, they
have not scrupled to draw resources even from the
regions of fiction.
Federalist 67
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Attempts so extravagant as these to disfigure or, it
might rather be said, to metamorphose the object,
render it necessary to take an accurate view of its
real nature and form: in order as well to ascertain its
true aspect and genuine appearance, as to unmask
the disingenuity and expose the fallacy of the
counterfeit resemblances which have been so
insidiously, as well as industriously, propagated.”
Federalist 67
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The authorities of a magistrate, in few instances greater,
in some instances less, than those of a governor of New
York, have been magnified into more than royal
prerogatives. He has been decorated with attributes
superior in dignity and splendor to those of a king of
Great Britain. He has been shown to us with the diadem
sparkling on his brow and the imperial purple flowing in
his train. He has been seated on a throne surrounded
with minions and mistresses, giving audience to the
envoys of foreign potentates, in all the supercilious
pomp of majesty. The images of Asiatic despotism and
voluptuousness have scarcely been wanting to crown the
exaggerated scene. We have been taught to tremble at
the terrific visages of murdering janizaries, and to blush
at the unveiled mysteries of a future seraglio.
Judiciary
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Constitutional Context
Article III
 Federalist 78
 “neither force nor will”
 “during good behavior”
 Impeachment
 Confirmation process
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Federalist 20
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“Imbecility in
government”