Isabella Carter
The United States Constitution, the oldest and longest-standing written and codified national constitution, was signed on September 17, 1787, and submitted to the Congress of the Confederation in New York City. The Constitution was intended as a revision of the Articles of Confederation but introduced a new form of government. The Federalist Papers, a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay, promoted the ratification of the Constitution. The authors wrote under the pseudonym Publius and made the case for a one-man chief executive, judicial review, and federalism. The Constitution delineates the frame of the federal government, with the first three articles embodying the doctrine of the separation of powers, dividing the government into the legislative, executive, and judicial branches.
| Characteristics | Values |
|---|---|
| Judicial review | Federal courts of federal legislation or executive acts |
| Separation of powers | Legislative, executive, and judicial |
| Legislative | Bicameral Congress |
| Executive | President and subordinate officers |
| Judicial | Supreme Court and other federal courts |
| Federalism | Rights and responsibilities of state governments |
| Federalism | States in relationship to the federal government |
| Federalism | Shared process of constitutional amendment |
| Ratification | Procedure used by the 13 states to ratify it |
| Oldest and longest-standing | Written and codified national constitution in force |
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What You'll Learn
- The Federalist Papers: 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay
- The separation of powers: the federal government divided into three branches
- The written Constitution: the fundamental law within the states
- The ratification process: nine of the 13 states needed to ratify it
- The doctrine of judicial review: federal courts' review of federal legislation
The Federalist Papers: 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay
The Federalist Papers, also known as The Federalist, is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius". The papers were written between October 1787 and May 1788 and were published in various New York state newspapers of the time, including The New York Packet, The Independent Journal, and The Daily Advertiser.
The Federalist Papers were written to urge New Yorkers to ratify the proposed United States Constitution, which had been drafted in Philadelphia in the summer of 1787. The essays explain particular provisions of the Constitution in detail and are therefore often used today to interpret the intentions of those who drafted the Constitution. Hamilton, in Federalist No. 1, wrote that the series would "endeavor to give a satisfactory answer to all the objections which shall have made their appearance, that may seem to have any claim to your attention."
Alexander Hamilton recruited collaborators for the project, enlisting John Jay and James Madison. Jay, a proponent of strong centralized government, wrote the first five essays (Federalist Nos. 2–6) but fell ill and contributed only one more essay, Federalist No. 64. Madison, present in New York as a Virginia delegate to the Confederation Congress, became Hamilton's primary collaborator.
The authors of The Federalist Papers attempted to hide their identities due to Hamilton and Madison's attendance at the convention. However, astute observers correctly discerned their identities. Establishing the authorial authenticity of the essays has not always been clear, and the authorship of some essays is still disputed by scholars. After Hamilton's death in 1804, a list emerged claiming that he alone had written two-thirds of the essays. Madison provided his own list for the 1818 Gideon edition of The Federalist Papers, claiming 29 essays for himself. Statistical analysis has been used to identify the authors, and studies generally agree that the disputed essays were written by James Madison.
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The separation of powers: the federal government divided into three branches
The United States Constitution, the oldest and longest-standing written and codified national constitution, embodies the doctrine of the separation of powers in its first three articles. This doctrine divides the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch, as outlined in Article I, is comprised of the bicameral Congress, which includes the House of Representatives and the Senate. This branch is responsible for creating and passing laws. The executive branch, described in Article II, consists of the President and their subordinate officers. This branch is tasked with executing and enforcing the laws created by the legislative branch. The President also serves as the commander-in-chief of the armed forces and is responsible for conducting foreign relations.
The third branch, the judicial, is established in Article III and consists of the Supreme Court and other federal courts. This branch is responsible for interpreting the laws and ensuring they adhere to the Constitution. The Supreme Court can review acts of state legislatures and determine if they conform to the Constitution. The judicial branch also has jurisdiction over the actions of government officers and state laws.
The separation of powers is a fundamental principle in the US Constitution, aiming to provide checks and balances within the government. Each branch has specific powers and responsibilities, designed to prevent any one branch from holding too much power. This system helps protect against tyranny and ensures that the rights of citizens are upheld. Alexander Hamilton, in Federalist No. 78, advocated for the doctrine of judicial review, where federal courts could review and interpret the laws, further reinforcing the separation of powers.
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The written Constitution: the fundamental law within the states
The written Constitution is the fundamental law within the states. It is the supreme law of the land and can only be changed by an extraordinary legislative process of national proposal, followed by state ratification. The Constitution establishes the framework of the federal government, outlining the separation of powers into three branches: the legislative, executive, and judicial.
The legislative branch consists of the bicameral Congress, with the power to pass laws and oversee the executive branch. The executive branch, led by the President, is responsible for enforcing the laws and managing the day-to-day functions of the government. The judicial branch, headed by the Supreme Court, interprets the laws and ensures that the other two branches adhere to the Constitution.
The process of amending the Constitution is outlined in Article V, which describes the rights and responsibilities of state governments and their relationship to the federal government. This procedure was used by the original 13 states to ratify the Constitution, with each state holding a "Federal Convention" to consider the document. The Constitution was intended to introduce a new form of government, replacing the Articles of Confederation, and it did so with the unanimous approval of all twelve states represented in the convention.
The Federalist Papers, written by Alexander Hamilton, James Madison, and John Jay under the pseudonym "Publius," played a significant role in promoting the ratification of the Constitution. The collection of 85 articles and essays made a case for the new Constitution, with Hamilton arguing for a one-man chief executive and Madison presenting the concept of "Federalism." The Federalist Papers were particularly influential in New York, where the debate over ratification was intense, and they contributed to shaping the understanding and interpretation of the Constitution.
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The ratification process: nine of the 13 states needed to ratify it
The final draft of the US Constitution was agreed upon on September 17, 1787, and within three days, it was submitted to the Congress of the Confederation. The document was then forwarded to the 13 states for their ratification. The ratification process, as outlined in Article VII of the proposed Constitution, required state legislatures to organise "Federal Conventions" to ratify the document. Interestingly, this process bypassed the amendment provision of the Articles of Confederation, which mandated unanimous approval from all states. Instead, Article VII specified that only nine out of the 13 states, or a two-thirds majority, were needed to ratify the Constitution.
The Federalist Papers, a collection of 85 articles and essays, played a significant role in the ratification debates. Written by Alexander Hamilton, James Madison, and John Jay under the pseudonym "Publius", they were published in several New York newspapers between October 1787 and August 1788. The Federalist Papers aimed to promote the ratification of the Constitution, particularly in New York. However, their impact is questionable, as by the time the series gained momentum, several important states, such as Pennsylvania, had already ratified the Constitution.
The Federalist Papers presented various arguments in support of the Constitution. For instance, in Federalist No. 84, Hamilton asserted that there was no need for a Bill of Rights, as the proposed Constitution already contained provisions protecting liberty. Federalist No. 78, also penned by Hamilton, laid the groundwork for judicial review by federal courts of federal laws and executive acts. Additionally, Federalist No. 70 made a case for a one-man chief executive, while Federalist No. 51, authored by Madison, offered arguments for checks and balances in government.
While The Federalist Papers contributed to the discourse, other factors also influenced the ratification process. The personal influence of prominent Federalists like Hamilton and Jay, and Anti-Federalists, such as Governor George Clinton, played a role. Additionally, the timing of the ratification votes in each state impacted the overall outcome. By the time New York voted on July 26, ten states had already ratified, ensuring the Constitution's passage regardless of New York's decision.
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The doctrine of judicial review: federal courts' review of federal legislation
The Federalist Papers, commonly known as The Federalist until the 20th century, is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius". The collection was written to promote the ratification of the Constitution of the United States, specifically in New York, and included several arguments in support of the doctrine of judicial review by federal courts of federal legislation or executive acts.
In Federalist No. 78, Hamilton lays the groundwork for the doctrine of judicial review by federal courts of federal legislation. He also advocated for the doctrine of a written document held as a superior enactment of the people. Hamilton argued that the written Constitution is fundamental law within the states and can only be changed by an extraordinary legislative process of national proposal, followed by state ratification. The powers of all departments are limited to the grants enumerated in the Constitution.
Federalist No. 78 also establishes the basic theory of American judicial review, which is summarized by constitutional legal scholars and historians as follows: the written Constitution is the supreme law of the land, and federal courts have the power to rule on whether the acts of coordinate branches of the national government conform to it. This includes jurisdiction over actions by government officers and state law.
The justification for judicial review can be found in the open ratifications held in the states and reported in their newspapers. John Marshall in Virginia, James Wilson in Pennsylvania, and Oliver Ellsworth of Connecticut all argued for Supreme Court judicial review of acts of state legislature. Judicial review relies on the jurisdictional authority in Article III of the Constitution, which establishes the judicial branch of government, consisting of the Supreme Court and other federal courts, and the Supremacy Clause.
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Frequently asked questions
The Federalist Papers were a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the pseudonym "Publius" to promote the ratification of the Constitution of the United States.
In Federalist No. 84, Hamilton argued that there was no need to amend the Constitution by adding a Bill of Rights. He insisted that the various provisions in the proposed Constitution protecting liberty amounted to a "bill of rights".
The written Constitution is fundamental law within the states. It can only be changed by an extraordinary legislative process of national proposal, then state ratification. The powers of all departments are limited to the grants found in the Constitution.
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