The Federalist

Front Cover
Barnes & Noble Publishing, 1996 - Constitutional law - 572 pages
 

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Contents

Introduction by Benjamin Fletcher Wright
1
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
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
1
336
II
343
Appeal to the People in Cases of Disagreement 847
347
Periodical Appeals to the People
352
Checks and Balances 855
355
The House of Representatives
359
Annual and Biennial Elections
364
The Apportionment of Representatives and of Taxes
369

Union and the National Revenue
142
Representative Republics and Direct Democracies
150
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
Powers and Continuing Advantages of the States
324
State and Federal Powers Compared
329
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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About the author (1996)

Alexander Hamilton was born on January 11, 1757 on the West Indian Island of Nevis. His mother died in 1769, around the same time his father went bankrupt. Hamilton joined a counting house in St. Croix where he excelled at accounting. From 1772 until 1774, he attended a grammar school in Elizabethtown, New Jersey, and went on to study at King's College. Hamilton entered the Revolutionary movement in 1774 at a public gathering in New York City with a speech urging the calling of a general meeting of the colonies. That same year, he anonymously wrote two pamphlets entitled, A Full Vindication of the Measures of Congress from the Calumnies of Their Enemies and The Farmer Refuted. When the Revolutionary War began, Hamilton joined the army and became a Captain of artillery, where he served with distinction in the battles of Long Island, White Plains, Trenton and Princeton. He was introduced to George Washington by General Nathaniel Greene with a recommendation for advancement. Washington made Hamilton his aide-de-camp and personal secretary. He resigned in 1781 after a dispute with the General, but remained in the army and commanded a New York regiment of light infantry in the Battle of Yorktown. Hamilton left the army at the end of the war, and began studying law in Albany, New York. He served in the Continental Congress in 1782-83, before returning to practice law, becoming one of the most prominent lawyers in New York City. In 1786, Hamilton participated in the Annapolis Convention and drafted the resolution that led to assembling the Constitutional Convention in 1787. He then helped to secure the ratification of the Constitution of New York with the help of John Jay and James Madison, who together wrote the collection of 85 essays which would become known as The Federalist. Hamilton wrote at least 51 of the essays. In 1789, Washington appointed him the first Secretary of the Treasury, a position at which he excelled at and gained a vast influence in domestic and foreign issues, having convinced Washington to adopt a neutral policy when war broke out in Europe in 1793. In 1794, Hamilton wrote the instructions for a diplomatic mission which would lead to the signing of Jay's Treaty. He returned to his law practice in 1795. President John Adams appointed Hamilton Inspector General of the Army at the urging of Washington. He was very much involved with the politics of the country though, and focused his attentions on the presidential race of 1800. Hamilton did not like Aaron Burr and went out of his way to make sure that he did not attain a nomination. Similarly, when Burr ran for mayor of New York, Hamilton set about to ruin his chances for that position as well. Burr provoked an argument with Hamilton to force him to duel. Hamilton accepted and the two met on July 11, 1804 at Weehawken, New Jersey. Hamilton was shot and mortally wounded and died on July 12, 1804.

James Madison, the fourth president of the United States, was born at Port Conway, Virginia. He was raised on a large family farm, called Montpelier, which remained his home throughout his life. After receiving a boarding school education, he entered the College of New Jersey (now Princeton University), from which he graduated in 1771. In 1776, Madison was elected a delegate to the Virginia Revolutionary Convention, where he was a strong advocate of religious freedom. He then became a Virginia legislator. As delegate to the Constitutional Convention of 1787, he became the chief architect of the U.S. Constitution and, later, of the Bill of Rights. Madison served in the first Congress from 1789 to 1797, rising to the position of Speaker of the House. In 1801, he became Secretary of State in the administration of Thomas Jefferson, and in 1809, he was elected president. Madison's insights on the nature of politics and the operations of government are as relevant today as they were in his time. His journals provide our principal source of knowledge about the Constitutional Convention of 1787. He also shared the authorship of "The Federalist Papers" (1787-88), arguably the most significant American contribution to political theory, with Alexander Hamilton and John Jay. His insights into political behavior (such as Federalist paper number 10 on the subject of factions) and the nature of government (Federalist papers numbers 39 and 51 on the allocation of power) continue to be useful for those who seek to write constitutions for new governments today.

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