Federalist 45: A Constitutional Amendment Or Just An Essay?

is the federalist 45 part of the us constitution

The Federalist Papers were a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788. The 45th essay, titled The Alleged Danger From the Powers of the Union to the State Governments Considered, was written by James Madison and published under the pseudonym Publius. Federalist No. 45 is not part of the US Constitution, but it does discuss the balance of power between the state and federal governments within the Union. Madison argues that the Union as outlined in the Constitution is necessary for the people's happiness and that the balance of power between the states and the national government will support the greatest happiness for the people. He also addresses taxation, noting that the Confederacy may exercise the power of collecting internal and external taxes, but it will likely only be used for supplemental revenue purposes.

Characteristics Values
Number of essays in the Federalist Papers series 85
Authors of the Federalist Papers Alexander Hamilton, John Jay, and James Madison
Pseudonym used Publius
Date of publishing October 1787 to May 1788
Date of publishing of Federalist No. 45 26 January 1788
Main focus of Federalist No. 45 How the state and federal governments will function within the Union, while keeping the people's happiness in mind
Argument made by Madison in Federalist No. 45 The Union as outlined in the Constitution is necessary for the people's happiness; the balance of power between the states and the national government will support the greatest happiness for the people
Madison's argument about the powers of the federal government No power transferred to the federal government is unnecessary or improper; the powers will not be dangerous to the portion of authority left in the several states
Madison's argument about the states' powers The states will retain under the proposed constitution a very extensive portion of active sovereignty
Madison's argument about the Confederacy The Confederacy will possess the power of collecting internal and external taxes throughout the states, but this power will probably not be resorted to except for supplemental purposes of revenue
Madison's argument about the house of representatives The house of representatives will be chosen under the influence of a class of men whose influence over the people obtains for themselves an election into the state legislatures

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The Federalist Papers

The Federalist articles appeared in three New York newspapers: The Independent Journal, the New-York Packet, and the Daily Advertiser, beginning on October 27, 1787. Although written and published with haste, The Federalist articles were widely read and greatly influenced the shape of American political institutions. At times, three to four new essays by Publius appeared in the papers in a single week.

The high demand for the essays led to their publication in a more permanent form. On January 1, 1788, the New York publishing firm J. & A. McLean announced that they would publish the first 36 essays as a bound volume; that volume was released on March 22, 1788, and was titled The Federalist Volume 1. New essays continued to appear in the newspapers; Federalist No. 77 was the last number to appear first in that form, on April 2. A second bound volume was released on May 28, containing Federalist Nos. 37–77 and the previously unpublished Nos. 78–85. The last eight papers (Nos. 78–85) were republished in the New York newspapers between June 14 and August 16, 1788.

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James Madison

Madison was born into a prominent slave-owning planter family in Orange County, Virginia, and was the oldest of twelve children. He pursued an education at the College of New Jersey, later known as Princeton University, graduating in 1771. After returning to Virginia, he was elected to the Virginia legislature in 1776, where he befriended Thomas Jefferson. In 1780, Madison represented Virginia in the Continental Congress, becoming the youngest delegate at twenty-nine.

As a member of the Virginia House of Delegates, Madison advocated for religious freedom and drafted the Virginia Statute for Religious Freedom with Jefferson, which guaranteed freedom of religion and disestablished the Church of England. Throughout the 1780s, Madison became concerned about the states' disunity and the weakness of the central government. He believed that a Republican government would be more effective against partisanship and factionalism. Dissatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention, which produced a new constitution designed to strengthen the republican form of government.

After the delegates completed the Constitution, Madison worked with Alexander Hamilton and John Jay to author a series of letters defending it, known as the Federalist Papers. These papers were written and published to urge New Yorkers to ratify the proposed United States Constitution. On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, securing enough votes to become the law of the land.

The Federalist No. 45, part of the Federalist Papers, discusses the extent of the powers transferred to the federal government and whether they are unnecessary, improper, or dangerous to the authority of the states. It also addresses the federal government's power to collect internal and external taxes within the states, and the probable impact on the states' authority.

In conclusion, James Madison made significant contributions to the formation and interpretation of the United States Constitution, including his role in drafting the Federalist Papers, which provided valuable insights into the intentions of the Constitution's framers.

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Active sovereignty

The Federalist Papers were a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788. They were written to urge New Yorkers to ratify the proposed United States Constitution. The Federalist No. 45, titled "The Alleged Danger From the Powers of the Union to the State Governments Considered", was written by James Madison and published in January 1788. It is one of the essays in the Federalist Papers series.

Federalist No. 45 argues that the Union as outlined in the Constitution is necessary for the people's happiness, and that a balance of power between the states and the national government will support the greatest happiness for the people. Madison asserts that the primary purpose of government, and hence of the Constitution, is the people's happiness, and therefore only a government that promotes the people's happiness is legitimate.

In Federalist No. 45, Madison also addresses the question of whether the powers transferred to the federal government are unnecessary or improper, and whether the entire mass of them will be dangerous to the portion of authority left in the several states. He suggests that the adversaries of the plan have focused too much on the possible consequences of the proposed degree of power for the governments of the particular states, rather than on what degree of power is absolutely necessary for the federal government's purposes.

Madison further emphasizes that the states will retain a very extensive portion of active sovereignty under the proposed Constitution. He provides examples of ancient and modern confederacies, such as the Achaean League and the Lycian Confederacy, where the federal head possessed significant power yet did not degenerate into a consolidated government. Madison argues that the proposed Constitution will maintain a balance of power between the federal and state governments, with the state governments retaining authority over objects that concern the lives, liberties, and properties of the people, as well as the internal order, improvement, and prosperity of the state.

In conclusion, Federalist No. 45, as part of The Federalist Papers, played a significant role in advocating for the ratification of the United States Constitution. It highlighted the importance of balancing power between the federal and state governments, with a focus on promoting the people's happiness and retaining active sovereignty for the states.

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Checks and balances

The Federalist Papers were a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788. They were written to urge New Yorkers to ratify the proposed United States Constitution. Federalist No. 45, titled "The Alleged Danger From the Powers of the Union to the State Governments Considered", was written by James Madison and published in The New York Packet under the pseudonym Publius on January 26, 1788.

In Federalist No. 45, Madison argues that the Union as outlined in the Constitution is necessary for the people's happiness, and that the balance of power between the states and the national government will support the greatest happiness for the people. He also discusses the extent of the powers of the federal government, and how the states will retain a very extensive portion of active sovereignty under the proposed Constitution.

In a subsequent essay, Federalist No. 51, Madison explains and defends the checks and balances system in the Constitution. He argues that each branch of the government is framed so that its power checks the power of the other two branches, and that each branch is dependent on the people, who are the source of legitimate authority. Madison also discusses the role of republican government in checking the power of factions and preventing the tyranny of the majority. He concludes that the Constitution's checks and balances serve to preserve liberty by ensuring justice.

Madison's political theory, as expressed in Federalist No. 51, was influenced by Montesquieu's "The Spirit of the Laws". Madison argues that the exterior provisions of the Constitution are inadequate to maintain the necessary partition of power among the several departments, and that the interior structure of the government must be designed to keep its constituent parts in their proper places. He suggests that the federal system of America provides a qualified connection between the weaker and stronger departments of government, helping to support the constitutional rights of the former without detracting from the rights of the latter.

In summary, Federalist No. 45 is part of the Federalist Papers, a series of essays written to encourage the ratification of the United States Constitution. It focuses on the balance of power between the states and the national government, and how the proposed Constitution will impact the sovereignty of the states. Checks and balances are discussed in more detail in Federalist No. 51, where Madison explains how this system in the Constitution helps to maintain the partition of power and preserve liberty.

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The people's happiness

The Federalist Papers were a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison, published between October 1787 and May 1788. The 45th essay, titled "The Alleged Danger From the Powers of the Union to the State Governments Considered", was written by James Madison and published on January 26, 1788.

In Federalist 45, Madison argues that the Union as outlined in the Constitution is necessary for the people's happiness. He suggests that the balance of power between the states and the national government will support the greatest happiness for the people. Madison asserts that the primary purpose of government, and therefore the Constitution, is the people's happiness, and thus only a government that promotes the people's happiness is legitimate.

Madison's essay focuses on the question of whether the powers transferred to the federal government are unnecessary, improper, or dangerous to the authority left to the states. He suggests that the adversaries of the convention have spent too much time considering the possible consequences of the proposed degree of power for the governments of the particular states, rather than first considering how much power is necessary for the federal government's purposes. Madison argues that the states will retain a very extensive portion of active sovereignty under the proposed Constitution. He also points out that the federal government's operations will be most extensive in times of war and danger, while the state governments will have more power in times of peace and security.

Madison's political theory, influenced by Montesquieu's "The Spirit of the Laws", is reflected in Federalist 45 and other essays. He believed that the federal republic of the United States, with its variety of interests, parties, and sects, would seldom form a majority coalition on any other basis than justice and the general good. This meant that there would be less danger to a minority from the will of the majority, and thus less need for security measures that might introduce a will independent of society itself. Madison also discusses the checks and balances system in the Constitution, where each branch of government is framed so that its power checks the power of the other two branches, and each branch is dependent on the people as the source of legitimate authority.

Frequently asked questions

The main focus of Federalist No. 45 is how the state and federal governments will function within the Union, while keeping the people's happiness in mind.

James Madison wrote Federalist No. 45, but it was first published by The New York Packet under the pseudonym Publius, on January 26, 1788.

Federalist No. 45 is significant because it is one of 85 essays written to urge New Yorkers to ratify the proposed United States Constitution. It explains and defends the checks and balances system in the Constitution.

The key argument presented in Federalist No. 45 is that the Union, as outlined in the Constitution, is necessary for the people's happiness. Madison argues that the balance of power between the states and the national government will support the greatest happiness for the people.

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