Outline OF Federalist Papers MAHG PDF

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OUTLINE OF THE PLAN OF THE FEDERALIST PAPERS VOLUME I INTRODUCTION o No. 1 – Introduction I. “The utility of the Union to your political prosperity…” o Promotes national security & sound foreign policy  No. 2 – Necessity of Union for security  No. 3 – Causes of just wars  No. 4 – Causes of unjust wars; respect from other nations  No. 5 – Danger of foreign influence in the states o Prevents conflicts between states  No. 6 – Causes of conflicts between states  No. 7 – Causes of conflicts between states  No. 8 – War between the states not impossible o Prevents faction  No. 9 – Petty republics vibrated between “tyranny and anarchy”; five improvements to science of politics  No. 10 – Dealing with the problem of faction o Economic and commercial benefits  No. 11 – Commercial activity & navy  No. 12 – Revenue/taxation  No. 13 – Efficiency & economy of national government o Summary of Nos. 2-13  No. 14 – Summary of Nos. 2-13, benefits of large federation of republics II. “The insufficiency of the present confederation to preserve that Union…” o Defects of Articles of Confederation, part 1  No. 15 – Defects of Articles  No. 16 – Defects of Articles  No. 17 – Defects of Articles o Fatal flaws of historical federations  No. 18 – Amphictyonic & Achaean Leagues  No. 19 – German, Polish, Swiss federations  No. 20 – Dutch (Netherlands) Federation o Defects of Articles of Confederation, part 2  No. 21 – Defects of Articles – no power to enforce laws  No. 22 – Defects of Articles

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III. “The necessity of a government at least equally energetic with the one proposed, to the attainment of this object…” o Energetic Government  No. 23 – Previous 9 papers show that it is dangerous to bind the hands of government too much – powers must be commensurate to objects/responsibilities – “energetic” government necessary to fulfill duties o Military Powers  National defense  No. 24 – objections to standing armies; why state armies are dangerous  No. 25 – standing army necessary (under executive power)  No. 26 – national army safer than state armies  National supremacy over states  No. 27 – forcing compliance; attachment of the people to a better administered government (national) makes national armies safe  No. 28 – forcing compliance; armies & internal threats in republican government; securing rights/revolution  Militia  No. 29 – on the objection to national government supporting the state militia o Taxation Powers  No. 30 – unlimited tax powers necessary; revenue necessary; unlimited means and resources necessary to deal with emergencies  No. 31 – Review of first principles; prudence of the people  No. 32 – concurrent taxation; state taxation  No. 33 – supremacy of national taxes; necessary & proper/supremacy clauses defended  No. 34 – concurrent taxation; state threats; internal vs. external taxation  No. 35 – taxation & representation; broad national interests in the House make the tax power safe  No. 36 – regulation of taxation; local circumstances; direct taxation

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VOLUME II IV. “The conformity of the proposed Constitution to the true principles of republican government…” o New Introduction: Republican principles & Union  No. 37 – The successes and failures of the Convention; difficulties of Convention; the “finger of almighty God”; compromise  No. 38 – Foundings (Americans vs. ancient); analogy of doctors and patient  No. 39 – republicanism and federalism; neither wholly national nor wholly federal  No. 40 – mixed government; “legality” question “QUANTITY” OF POWERS o Powers of national government in relation to objects  No. 41 – quantity of powers conferred is appropriate  No. 42 – foreign affairs and interstate commerce powers; slave trade  No. 43 – miscellaneous powers; the “republican guarantee,” republican form of government; “happiness and security of the people,” ratification o Powers of national government in relation to states  No. 44 – restrictions on states; Constitution does not include phrase “expressly delegated powers,” condemns states to the “alter of justice.”  No. 45 – dangers from states to federal government; need to limit state sovereignty; states retain the “unsacrificed residue” of powers  No. 46 – attachment and administration – the people will judge SEPARATION OF POWERS/CHECKS AND BALANCES o No. 47 – separation of powers; Montesquieu; “the very definition of tyranny” o No. 48 – not complete separation; blending/connection of powers necessary to act as checks and balances; legislature is the “impetuous vortex,” insufficiency of “paper restrictions” and “parchment barriers” o No. 49 – appeals to reason vs. passions of the people; no “philosophical race of kings,” amendments and frequent revisions o No. 50 – appeals to people – amendments; party spirit; faction; PA example o No. 51 – “If men were angels…”; structure of government necessary to keep powers separated; give each branch will, means and independence; ambition counteracting ambition; “auxiliary precautions”; the problem of faction revisited from No. 10; “the end of society is justice”

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HOUSE OF REPRESENTATIVES o Elections  No. 52 – qualifications and frequent elections; only 3 qualifications; Antifederalist fears of aristocracy  No. 53 – frequent elections; defense of 2-year terms (vs. 1 year); how elections secure rights o Representation  No. 54 – apportionment of reps; 3/5 clause and slave owners  No. 55 – number of reps – difficulties in fixing a number; “mobs” are factions; upper and lower limits of human nature in republics  No. 56 – number of reps – “adequate knowledge” of local interests; not more numbers  No. 57 – responds to anti-fed fears of aristocracy; qualifications of elections and candidates; representation will not lead to a mixed regime; must keep reps virtuous  No. 58 – number of reps; ratio; quorum o Regulating elections  No. 59 – regulating elections; dangerous if left for states to decide  No. 60 – regulating elections; safe in hands of Congress  No. 61 – regulating elections; example of NY not abusing this power SENATE o No. 62 – character of Senate; qualifications; elections; why bicameralism is necessary o No. 63 – Why is the Senate necessary? Responsibility, national character, “auxiliary precautions” to the extended republic o No. 64 – treaty power – why should Senate “advise and consent”? o No. 65 – appointment power; court of impeachment trials – why? o No. 66 – Court of impeachment trials

EXECUTIVE o Character  No. 67 – countering objections to the executive; anti-fed Cato’s claim that President can appoint Senators  No. 68 – mode of election; character of exec; electoral college; administration  No. 69 – President contrasted to a king  No. 70 – unity and vigor necessary; ingredients of energy: unity, duration/re-eligibility, adequate support, adequate powers; unity allows: dispatch, secrecy, decision, activity.  No. 71 – duration in office; responsibility  No. 72 – duration & re-eligibility; attracting ambition; “get interest to coincide with duty” 4

o Powers  No. 73 – veto power; adequate powers from above  No. 74 – Commander-in-chief power; pardon power; prerogative?  No. 75 – treaty power – why shared with Senate?  No. 76 – appointment power, necessary for stable administration; not really shared with Senate  No. 77 – appointment power & other powers; removal power; summary; office of the president takes things “as far as republican principles will admit” JUDICIARY o No. 78 – appointment and tenure; character of judiciary; least dangerous branch; defense of judicial review; uniform code of law o No. 79 – judicial responsibility; requires independence; no impeachment o No. 80 – judicial powers, cognizance; supremacy of federal courts over states o No. 81 – advantages of Supreme Court; checks on the judiciary? o No. 82 – relation of federal to state courts o No. 83 – jury trials (addressing Patrick Henry’s concerns) MISCELLANEOUS o No. 84 – Bill of Rights V and VI. Conclusion: “Analogy to your own state constitutions…” and “…the additional security which its adoption will afford to the preservation of that [republican] species of government, to liberty, and to property.” o No. 85 – Why we should ratify though it is not perfect

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