The Federalist Papers

I finished the Federalist a few weeks ago -- all 575 pages in my edition. I was struck by the fact that these 85 articles, published in New York newspapers every few days, were written to persuade the people of New York to ratify the Constitution, a document of only 10 pages (before the Bill of Rights). Jay, Madison and Hamilton, writing anonymously as Publius, parsed every sentence, rebutted every opposition argument. Not once did they suggest the people merely trust them. Never did they say the Constitution needed to be enacted so we could see what was in it. What a contrast to recent history!

I also was impressed by their insights into human nature, and why they felt the Constitution would establish a system of government that would build on its strengths and protect against its weaknesses. In No. 51, explaining how it would protect against a concentration of power, Publius wrote: "Ambition must be made to counteract ambition. ... It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself."

Hamilton wrote this as an aside in No. 70 on the executive: "In the legislature, promptitude of decision is oftener an evil than a benefit. The differences of opinion, and the jarrings of parties in that department of the government, though they may sometimes obstruct salutary plans, yet often promote deliberation and circumspection, and serve to check excesses in the majority." In justifying short terms for representatives: "It is a received and well-founded maxim, that ... the greater the power is, the shorter ought to be its duration..." (No. 52)

They sought balance: "The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society; and in the next place, to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust." (No. 57)

Some of the things they sought to protect against, have happened none the less: "It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be tomorrow." (No. 62 on why senate terms should be six years.)

In No. 45, Madison wrote: "The powers delegated by the proposed Constitution 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, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs; concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."

We've come a long way, baby!