Hamilton's Constitutional Principles: Which Ones?

Alexander Hamilton was a strong advocate for a single executive, believing that a group of people would be less efficient and more susceptible to bitter dissensions. Hamilton's views on the executive branch were outlined in Federalist 70, where he also defended the importance of energy and unity in governance. Hamilton's writings also explored the relationship between the states and the Union, arguing that the states would retain significant authority under the proposed Constitution. Additionally, he addressed the importance of a strong central government, the preservation of liberty and property rights, and the need for a government that conforms to the principles of a republican form of governance. Hamilton's ideas on the distribution of power, legislative checks and balances, and the representation of the people reflect his commitment to popular sovereignty and the amelioration of the civil government.

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Popular sovereignty

In the United States, popular sovereignty was asserted as a founding principle. The Declaration of Independence of 1776 states that legitimate governments are those deriving their powers from the "Consent of the Governed". The framers of the U.S. Constitution further proclaimed popular sovereignty in its Preamble: "We the people of the United States... do ordain and establish this Constitution for the United States of America".

In the context of U.S. history, popular sovereignty was also applied to the issue of slavery. The people of federal territories were to decide whether their territories would enter the Union as free or slave states. This application of popular sovereignty was controversial and ultimately unsuccessful, as illustrated by the violent struggle for control of the Kansas Territory following the passage of the Kansas-Nebraska Act of 1854.

Checks and balances

Alexander Hamilton was a strong supporter of a central national government and believed that state governments should be eliminated entirely. He also believed that the Congress should be bicameral, with the upper chamber, or Senate, consisting of aristocrats, and the lower chamber, or Assembly, being the seat of democracy for the American people. Hamilton's views on government closely mirrored the British system, but also resembled the form of government that was eventually agreed upon by the delegates in Philadelphia.

Hamilton's ideas on checks and balances are evident in his view of the judiciary system, which he believed should consist of a Supreme Court and a series of smaller national courts. He also believed that all national court justices should serve life terms. This mirrors the eventual structure of the United States Government under the Constitution, which is tripartite, with executive, legislative, and judiciary branches.

Hamilton's support for checks and balances can also be seen in his belief that the Congress should consist of two houses, with the upper house being more distinguished and the lower house more populist and democratic. This idea of legislative balances and checks is further emphasised in the Federalist Papers, where it is described as a "powerful means" to retain the excellences of republican government and lessen its imperfections.

Hamilton also recognised the importance of popular sovereignty and the representation of the people in the legislature. He understood that the instability, injustice, and confusion in public councils could lead to the downfall of popular governments. By recognising these dangers, Hamilton aimed to provide a proper cure for them through the establishment of a strong central government with checks and balances.

Overall, Hamilton's views on checks and balances were influenced by his desire for a strong national government, his belief in the importance of popular sovereignty, and his recognition of the need for a stable and effective government to ensure the survival of the fledgling United States.

Single executive

Alexander Hamilton was a key figure in the development of modern constitutionalism, both in theory and in practice. Hamilton's constitutional principles included a commitment to bicameral legislatures, elected executives, the separation of powers, checks and balances in government, and representative democracy. Notably, Hamilton strongly advocated for a single executive, arguing that it was "far more safe" than an executive council.

Hamilton's defence of a unitary executive is outlined in Federalist No. 70, an essay written under the pseudonym Publius as part of The Federalist Papers. In this essay, Hamilton refutes the argument that a unitary executive would resemble the British monarchy too closely. He asserts that a single executive is consistent with a republican form of government and promotes accountability. Hamilton suggests that a unitary executive is more accountable because it is easier to assign blame to one person than to distinguish fault among members of a group. Additionally, a single executive cannot hide their failings by blaming council members, creating an incentive for good behaviour in office.

Hamilton further emphasises the importance of unity in the executive, stating that it is "conducive to energy". He believes that "decision, activity, secrecy, and dispatch" are characteristics more commonly found in the proceedings of one person than in those of a group. This unity, according to Hamilton, is one of the best distinguishing features of the constitution.

During the Constitutional Convention, Hamilton faced opposition from delegates who proposed three leaders instead of one. Edmund Randolph, for example, argued that a unitary executive would be unpopular and could become monarchical. However, Hamilton and others persisted, believing that a single, strong leader would be more decisive and accountable. James Wilson's proposal for "a national executive to consist of a single person" ultimately prevailed by a vote of 7 to 3.

Hamilton's commitment to a single executive is also reflected in his proposal for the new government, which was modelled on the British system. Hamilton's plan concentrated power at the federal level, with senators and a national "governor" chosen by special electors and serving for life. While this proposal was not endorsed, the delegates recognised the need for a stronger central government and adopted a constitution balancing the powers of the executive, legislative, and judicial branches.

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Legislative checks

Alexander Hamilton's views on legislative checks are documented in Federalist No. 62, published on February 27, 1788, and Federalist No. 70, published on March 15, 1788. In these papers, Hamilton discusses the importance of legislative checks and balances, the role of the senate as a check on the government, and the defence of a unitary executive.

In Federalist No. 62, Hamilton examines the constitution of the house of representatives and the senate, focusing on the qualifications, appointment process, representation, number of senators, and their powers. He emphasises the importance of a senate as a second branch of the legislative assembly, providing a check on the government. Hamilton argues that a senate, by dividing power with the house of representatives, acts as a "salutary check on the government". He suggests that requiring the concurrence of two distinct bodies in schemes of legislation or other actions helps hold the government accountable and protects against usurpation or perfidy.

Hamilton also discusses the appointment of senators by state legislatures, noting that it secures the authority of state governments and forms a link between the state and federal systems. He highlights the benefits of legislative checks, including the regular distribution of power into distinct departments, the introduction of legislative balances, and the representation of the people in the legislature by their elected deputies.

In Federalist No. 70, Hamilton addresses the executive branch of the government, arguing in favour of a unitary executive structure. He refutes the notion that a unitary executive is inconsistent with a republican form of government and comparable to a monarchy. Hamilton asserts that energy in the executive is crucial for good government, providing protection against foreign attacks, administering laws, safeguarding property, and securing liberty. He claims that a unitary executive promotes accountability, as the success or failure of the government can be directly attributed to a single individual.

Hamilton's writings emphasise the importance of legislative checks and balances to prevent the concentration of power and promote accountability in the government. His ideas continue to influence the US political system, ensuring the separation of powers and checks and balances among the legislative, executive, and judicial branches.

Republican government

Alexander Hamilton, along with John Jay and James Madison, wrote 85 essays collectively known as the Federalist Papers. These papers encouraged Americans to adopt the newly written Constitution and its stronger central government. Hamilton's vision was that of a strong federal government that was an active partner in setting the United States up to be a great nation, commercially, politically, and on the world stage.

Hamilton's ideas were in contrast to those of Thomas Jefferson and his supporters, who became known as Republicans or Jeffersonian Republicans. They believed in individual freedoms and states' rights, fearing that a concentration of federal power represented a dangerous threat to liberty. They saw monarchist Britain as a threat to republicanism and proposed a trade war.

Hamilton and his allies became known as Federalists. They wanted a strong government that fostered industry, trade, and commerce. They supported a central bank and monetary policies that gave more power to the federal government. They also favoured Britain over France in foreign policy.

The Republicans, on the other hand, opposed banks and cities and supported the series of unstable revolutionary governments in France. They believed in a weak central government and a system that favoured dispersed farmers.

Hamilton's ideas on republican government were outlined in the Federalist Papers, where he discussed the utility of the union to political prosperity and the necessity of a strong government to achieve this. He also addressed the insufficiency of the present confederation to preserve the union and the conformity of the proposed Constitution to the true principles of republican government.

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