Category — Federalist

In this Federalist Hamilton makes several arguments for the consolidation of the nation's defense under the control of the federal government, rather than under those of the States. The crux of this essay is an effort to show that the argument against a standing army is not only a straw man, but that being ill-prepared is irrational and dangerous.   Read the rest of this entry »

In this Federalist, Hamilton pillories those who criticize the Constitution because it does not possess sufficient safeguards against maintaining a standing army. Hamilton first attempts to show that this argument is specious, because this is not something that had been enough of a problem to even warrant a mention, in any of the state constitutions or the Articles of Confederation. This done, he points out the necessity of maintaining frontier garrisons against the insults and depredations of the British and Spanish, as well as for protection from the Indians; and coastal installations to protect dockyards, while the country is getting its new navy launched.   Read the rest of this entry »

It is a huge assumption that the government will never claim responsibilities only tenuously related to its enumerated powers. The federal government has embraced countless responsibilities never intended by the Framers. In this, those responsible for its extension, have followed Hamilton almost to the letter. In the context of the times, persuading the states to ratify and accord the federal government the authority it needed to pay its debts and keep the states from squabbling was crucial. In the context of our time, his arguments seem dangerously broad.   Read the rest of this entry »

In Federalist 23, Hamilton turns his focus to the extent of the power to be delegated to the federal government by the new Constitution. He points out that the federal government is the obvious place for "NATIONAL INTERESTS" to be looked after. He argues that the authority wielded by the federal government has to match the responsibility it undertakes and that the Articles of Confederation, provide an excellent example of what happens when they don't.   Read the rest of this entry »

In Federalist No. 22, Hamilton continues his arguments about the inadequacies of the government under the Articles of Confederation, explaining its many deficiencies in everything from commerce to a consistent system of laws.   Read the rest of this entry »

In Federalist 21, Hamilton covers three topics. The government under the Articles of Confederation was incapable of enforcing its own laws, neither could it offer any protection to States against usurpation of local power by malignant factions. Finally, advocates of a VAT tax might have a look at this Federalist essay. Hamilton argues that the only way for the Federal government to function is to give it the right to collect taxes directly from the people, largely (but not exclusively) in the form of consumption taxes. It is interesting to note that he does not preclude the collection of property taxes.   Read the rest of this entry »

Individual rights were not a significant issue during the Constitutional Convention, but a Bill of Rights certainly became a major issue during ratification. Those who fought for a Bill of Rights weren’t looking for a government guarantee of an itemized list of rights. Even the anti-Federalists believed that rights came from God, not the government. These Constitutional dissenters were demanding that government be restricted from interfering with their rights. In other words, they wanted it made crystal clear where the government dare not tread.   Read the rest of this entry »

The Supreme Court issued a unanimous decision last week on the rights of an individual in a Federalist system. At issue was an individual's right to challenge judgments based on unconstitutionality. The Supreme Court unanimously reversed the Third Circuit Court's ruling, which would seem to imply that an individual, "does not have standing to raise a Tenth Amendment issue."   Read the rest of this entry »

Federalist No. 20 is the last in a series of 6 essays on the “Insufficiency of the Present Confederation to Preserve the Union.” In this essay, Hamilton and Madison collaborate (you can tell by the writing) to show the struggles of a contemporary confederacy, that of the Netherlands. According to Hamilton and Madison, despite its singularity, the United Netherlands were prone to the same problems which plagued the other confederacies covered in the preceding 5 essays.   Read the rest of this entry »

In Federalist No. 19, Madison and Hamilton provide another history lesson to their readers. While No. 18 focused on ancient Grecian republics, this essay deals with more contemporary examples, namely that of the Germanic states and the Swiss cantons.   Read the rest of this entry »