Federalist

“ Having now established that the constitution is federal throughout, in contradistinction to national; and that the several States still retain their sovereignty and independence unimpaired, one would suppose that the conclusion would follow, irresistibly, in the judgment of all, that the government is also federal. But such is not the case. There are those, who admit the constitution to be entirely federal, but insist that the government is partly federal, and partly national. They rest their opinion on the authority of the "Federalist." ”

“ Federalist or not, he may, if he choose, claim to belong to the favored stock, and his claim will be allowed. He may carry back his pretensions just as far as the honorable gentleman himself; nay, he may make himself out the honorable gentleman's cousin, and prove, satisfactorily, that he is descended from the same political great-grandfather. All this is allowable. We all know a process, Sir, by which the whole Essex Junto could, in one hour, be all washed white from their ancient Federalism, and come out, every one of them, original Democrats, dyed in the wool! ”

“ The series of essays entitled The Federalist, written by Hamilton, Madison, and Jay, in 1787-88, while the ratification of the Constitution was in question, will always remain indispensable as an introduction to the thorough study of the principles upon which our federal government is based. ”

“ So it's important that we remind ourselves that limited government and the rule of law are more than the arid cliches of partisan political debate. In fact, they are the essential underpinnings of our freedom, and the principles for which the Federalist Society has been fighting since its formation over 25 years. ”

“ It was the influence of a few great men that made America a nation. If one is not subject to the spirit of ancestor worship that has long ruled American history, one is bound to say that—apart from some forceful pamphleteering of transient purpose—the voluminous political literature of the formative period displays much pedantic erudition but has little that goes really deep. The Federalist, the artillery of a hard fought battle, is a striking exception. ”

“ If, then, by Federalist is to be understood one who was for cementing the Union by a general government operating equally over all the States, in all matters that embraced the common interest, and to which the authority of the States severally was not adequate, for no one State can make laws to bind another ”

“ The structure of our Government still embodies a philosophy that presupposes the diversity that engendered the federalist system.
That these doctrines are not only alive in rhetoric but vital in the world of practical affairs is evidenced by contemporary debate concerning the desirability of returning to 'local' government the administration of many programs and functions that have in late years increasingly been centralized in the hands of the National Government. ”

“ In proof that our government remains a federal one, with some features of nationality in it, will be seen in The Federalist (6) , that it is not essential to a confederacy, that its authority should be restricted to its members in their collective capacities, without reaching the individuals of whom they are composed. ”

“ The writers of the Federalist, in explaining the Constitution, while it was yet pending before the people, and still unadopted, give this account of the matter in terms, and assign this reason for the article as it now stands. By this provision Congress escaped the necessity of any revision of State laws, left the whole sphere of State legislation quite untouched, and yet obtained a security against any infringement of the constitutional power of the general government. ”

“ The Federalist party as then conducted was the exponent of a theory of government that was everywhere decaying. The alien and sedition laws were condemned and discarded by the forces of national politics, and state action was as futile in effect as it was mischievous in principle. It diverted the issue in a way that might have ultimately turned to the advantage of the Federalist party, had it possessed the usual power of adaptation to circumstances. ”

“ Federalism is not worth that (snapping his fingers) . Federalists, I am told, are still talking and meeting—much good may it do them; I wish them all manner of happiness, but I don't expect any good from it."
If the writers of the Nation desired controversy, here was a tempting thesis. It might have been asked, If no one could tell him what the plan was of the Federals, how he came to give the "Federal plan" a preference over simple Repeal, which he had been advocating for thirty years? ”

“ But if The Federalist was an uninfluential factor in the actual struggle for ratification, it was because of the nature of the contest, and not from want of ability. It is true that serious defects, due to the circumstances of its production, are obvious. Although intended to be a systematic work on republican government, it was even more a plea for the adoption of this particular constitution, and therefore had quite as much of the legal brief as of the philosophical commentary on government. ”

“ Thus, each of the principal branches of the federal government will owe its existence more or less to the favor of the State governments, and must consequently feel a dependence, which is much more likely to beget a disposition too obsequious than too overbearing towards them. ”

“ Congress, a single body of men, are the sole depositary of all the federal powers. Is it particularly dangerous to give the keys of the treasury, and the command of the army, into the same hands? The Confederation places them both in the hands of Congress. Is a bill of rights essential to liberty? The Confederation has no bill of rights. Is it an objection against the new Constitution, that it empowers the Senate, with the concurrence of the Executive, to make treaties which are to be the laws of the land? ”

“ If we try the Constitution by its last relation, to the authority by which amendments are to be made, we find it neither wholly National, nor wholly Fœderal. Were it wholly National, the supreme and ultimate authority would reside in the majority of the people of the Union; and this authority would be competent at all times, like that of a majority of every National society, to alter or abolish its established Government. ”

“ Those who upheld the idea of state's rights feared in their hearts the rule of the people. They argued for state representation in the national congress while maintaining that federal authority should be reduced to a minimum. The federalists, on the other hand, insisted upon a broad interpretation of the powers of the national government, thereby creating a controversy which furnished the basis of modern party relations, until materially modified by the tendency, brought about by the civil war, to discuss the import of questions rather than functions of government. ”

“ Men who, like Washington, Hamilton, Adams and others, believed in a strong central government, with only such political power as was absolutely necessary distributed among the various States, were Federalists. ”

“ Permit me to tender my salutations, and assurances of respect.
TO LEVI LINCOLN. Washington, March 23, 1808.
Dear Sir,—Your letter on the subject of Mr. Lee came safely to hand. You know our principles render federalists in office safe, if they do not employ their influence in opposing the government, but only give their own vote according to their conscience. And this principle we act on as well with those put in office by others, as by ourselves. ”

“ Since the federal constitution has been established, the first party exists no longer except in name. That which assumes it, stickles for the offices of government being executed with a high hand, and is therefore accused of aristocratick and even of monarchick sentiments by its opponents, who in their turn are termed factious, and disorganizers, by the federalists. ”

“ Seven federalists voting always in phalanx, and joined by some discontented republicans, some oblique ones, some capricious, have so often made a majority, as to produce very serious embarrassment to the public operations; and very much do I dread the submitting to them, at the next session, any treaty which can be made with either England or Spain, when I consider that five joining the federalists, can defeat a friendly settlement of our affairs. The House of Representatives is as well disposed as I ever saw one. ”

“ Taking each State by itself, its laws are the same, and its interests but little diversified. A few men, therefore, will possess all the knowledge requisite for a proper representation of them. Were the interests and affairs of each individual State perfectly simple and uniform, a knowledge of them in one part would involve a knowledge of them in every other, and the whole State might be competently represented by a single member taken from any part of it. ”

“ But if we are unwilling to be placed in this perilous situation; if we still will adhere to the design of a national government, or, which is the same thing, of a superintending power, under the direction of a common council, we must resolve to incorporate into our plan those ingredients which may be considered as forming the characteristic difference between a league and a government; we must extend the authority of the Union to the persons of the citizens,—the only proper objects of government. ”

“ As far as I have been able to divine the latent meaning of the objectors, it seems to originate in a presupposition that the people will be disinclined to the exercise of federal authority in any matter of an internal nature. Waiving any exception that might be taken to the inaccuracy or inexplicitness of the distinction between internal and external, let us inquire what ground there is to presuppose that disinclination in the people. ”

“ When it is remembered that most of our history has been written by Federalists, it will become apparent that great care should be taken in accepting, without reserve, the gloomy picture of the social conditions prevailing under the Articles o Confederation. ”

“ It is well worthy of consideration therefore, whether it would conduce more to the interest of the people of America that they should, to all general purposes, be one nation, under one federal government, or that they should divide themselves into separate confederacies, and give to the head of each the same kind of powers which they are advised to place in one national government. ”

“ When Jefferson and the Republicans rallied to the Union and to the existing Federalist organization, the fabric of traditional American democracy was almost completely woven. ”

“ As the People are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of Government hold their power, is derived, it seems strictly consonant to the republican theory, to recur to the same original authority, not only whenever it may be necessary to enlarge, diminish, or new-model the powers of the Government; ”

“ It rests upon axioms as simple as they are universal; the MEANS ought to be proportioned to the END; the persons, from whose agency the attainment of any END is expected, ought to possess the MEANS by which it is to be attained.
Whether there ought to be a federal government intrusted with the care of the common defense, is a question in the first instance, open for discussion; but the moment it is decided in the affirmative, it will follow, that that government ought to be clothed with all the powers requisite to complete execution of its trust. ”

“ The newspapers were full of slanders of the most eminent men, and neither Adams, nor Jefferson, nor Hamilton, escaped unjust criminations and the malice of envenomed tongues. All this embittered the Federalists, then in the height of their power. In both houses of Congress the Federalists were in a majority. The Executive, the judges, and educated men generally, were Federalists. Men in power are apt to abuse it. ”

“ Whatever opinions we may now entertain of the Federalists as a party, it is unquestionably true that we are indebted to them for the strong points of the Constitution and for the stable government they founded and strengthened during the administration of Washington and Adams. ”

“ I ask, What are these principles? Do they require, that in the establishment of the Constitution the States should be regarded as distinct and independent sovereigns? They are so regarded by the Constitution proposed. Do they require, that the members of the Government should derive their appointment from the Legislatures, not from the People of the States? One branch of the new Government is to be appointed by these Legislatures; and under the Confederation, the delegates to Congress may all be appointed immediately by the People, and in two States [1] are actually so appointed. ”

“ On the other hand, should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. ”

“ From all indications, the Federalists seemed certain to continue in power for the next decade, since the more their opponents sympathised with the French, the stronger became the sentiment against them. ”

“ There is, however, in all cases, great difficulty in this; and men not blinded by enthusiasm must be sensible that in a federal government, which is a composition of societies whose ideas and institutions in relation to the matter materially vary from each other, that difficulty must be not a little augmented. ”