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The Federalist Papers
The Federalist (1st ed, 1788, vol I, title page) - 02.jpg
Title page of the first collection of The Federalist (1788). This particular volume was a gift from Alexander Hamilton's wife Elizabeth Schuyler Hamilton to her sister Angelica
Authors (all under the pseudonym 'Publius')
Original title The Federalist
Country United States
Language English
Publisher
  • The Independent Journal
  • New York Packet
  • The Daily Advertiser
  • J. & A. McLean
Publication date
October 27, 1787 – May 28, 1788
Media type
  • Newspaper
  • book

The Federalist Papers is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as The Federalist until the name The Federalist Papers emerged in the twentieth century.

The first seventy-seven of these essays were published serially in the Independent Journal, the New York Packet, and The Daily Advertiser between October 1787 and April 1788. A compilation of these 77 essays and eight others were published in two volumes as The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787, by publishing firm J. & A. McLean in March and May 1788. The last eight papers (Nos. 78–85) were republished in the New York newspapers between June 14 and August 16, 1788.

The authors of The Federalist intended to influence the voters to ratify the Constitution. In Federalist No. 1, they explicitly set that debate in broad political terms:

It has been frequently remarked, that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force.

In Federalist No. 10, Madison discusses the means of preventing rule by majority faction and advocates a large, commercial republic. This is complemented by Federalist No. 14, in which Madison takes the measure of the United States, declares it appropriate for an extended republic, and concludes with a memorable defense of the constitutional and political creativity of the Federal Convention.

In Federalist No. 84, Hamilton makes the case that there is no need to amend the Constitution by adding a Bill of Rights, insisting that the various provisions in the proposed Constitution protecting liberty amount to a "bill of rights." Federalist No. 78, also written by Hamilton, lays the groundwork for the doctrine of judicial review by federal courts of federal legislation or executive acts. Federalist No. 70 presents Hamilton's case for a one-man chief executive. In Federalist No. 39, Madison presents the clearest exposition of what has come to be called "Federalism". In Federalist No. 51, Madison distills arguments for checks and balances in an essay often quoted for its justification of government as "the greatest of all reflections on human nature." According to historian Richard B. Morris, the essays that make up The Federalist Papers are an "incomparable exposition of the Constitution, a classic in political science unsurpassed in both breadth and depth by the product of any later American writer."

On June 21, 1788, the proposed Constitution was ratified by the minimum of nine states required under Article VII. In late July 1788, with eleven states having ratified the new Constitution, the process of organizing the new government began.

History

Origins

Alexander Hamilton portrait by John Trumbull 1806
Alexander Hamilton, author of the majority of The Federalist Papers

The Federal Convention (Constitutional Convention) sent the proposed Constitution to the Confederation Congress, which in turn submitted it to the states for ratification at the end of September 1787. On September 27, 1787, "Cato" first appeared in the New York press criticizing the proposition; "Brutus" followed on October 18, 1787. These and other articles and public letters critical of the new Constitution would eventually become known as the "Anti-Federalist Papers". In response, Alexander Hamilton decided to launch a measured defense and extensive explanation of the proposed Constitution to the people of the state of New York. He wrote in Federalist No. 1 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."

Hamilton recruited collaborators for the project. He enlisted John Jay, who after four essays (Federalist Nos. 2, 3, 4, and 5), fell ill and contributed only one more essay, Federalist No. 64, to the series. Jay also distilled his case into a pamphlet in the spring of 1788, An Address to the People of the State of New-York; Hamilton cited it approvingly in Federalist No. 85. James Madison, present in New York as a Virginia delegate to the Confederation Congress, was recruited by Hamilton and Jay and became Hamilton's primary collaborator. Gouverneur Morris and William Duer were also considered. However, Morris turned down the invitation, and Hamilton rejected three essays written by Duer. Duer later wrote in support of the three Federalist authors under the name "Philo-Publius", meaning either "Friend of the People" or "Friend of Hamilton" based on Hamilton's pen name Publius.

Hamilton chose the pseudonymous name "Publius". While many other pieces representing both sides of the constitutional debate were written under Roman names, historian Albert Furtwangler contends that "'Publius' was a cut above 'Caesar' or 'Brutus' or even 'Cato'. Publius Valerius helped found the ancient republic of Rome. His more famous name, Publicola, meant 'friend of the people'." Hamilton had applied this pseudonym to three letters in 1778, in which he attacked fellow Federalist Samuel Chase and revealed that Chase had taken advantage of knowledge gained in Congress to try to dominate the flour market.

Authorship

James Madison
James Madison, Hamilton's major collaborator, later fourth president of the United States (1809-1817)

At the time of publication, the authors of The Federalist Papers attempted to hide their identities due to Hamilton and Madison having attended the convention. Astute observers, however, correctly discerned the identities of Hamilton, Madison, and Jay. Establishing authorial authenticity of the essays that constitute The Federalist Papers has not always been clear. After Hamilton's death in 1804, a list emerged, claiming that he alone had written two-thirds of The Federalist essays. Some believe that several of these essays were written by Madison (Nos. 49–58 and 62–63). The scholarly detective work of Douglass Adair in 1944 postulated the following assignments of authorship, corroborated in 1964 by a computer analysis of the text:

  • Alexander Hamilton (51 articles: Nos. 1, 6–9, 11–13, 15–17, 21–36, 59–61, and 65–85)
  • James Madison (29 articles: Nos. 10, 14, 18–20, 37–58 and 62–63)
  • John Jay (5 articles: Nos. 2–5 and 64).

In six months, a total of 85 articles were written by the three men. Hamilton, who had been a leading advocate of national constitutional reform throughout the 1780s and was one of the three representatives for New York at the Constitutional Convention, in 1789 became the first secretary of the treasury, a post he held until his resignation in 1795. Madison, who is now acknowledged as the father of the Constitution — despite his repeated rejection of this honor during his lifetime, became a leading member of the U.S. House of Representatives from Virginia (1789–1797), secretary of state (1801–1809), and ultimately the fourth president of the United States (1809–1817).

John Jay, who had been secretary for foreign affairs under the Articles of Confederation from 1784 through their expiration in 1789, became the first Chief Justice of the United States in 1789, stepping down in 1795 to accept election as governor of New York, a post he held for two terms, retiring in 1801.

Publication

An Advertisement of The Federalist - Project Gutenberg eText 16960
An advertisement for the book edition of The Federalist

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. Hamilton, Madison and Jay published the essays at a rapid pace. At times, three to four new essays by Publius appeared in the papers in a single week. Garry Wills observes that this fast pace of production "overwhelmed" any possible response: "Who, given ample time could have answered such a battery of arguments? And no time was given." Hamilton also encouraged the reprinting of the essays in newspapers outside New York state, and indeed they were published in several other states where the ratification debate was taking place. However, they were only irregularly published outside New York, and in other parts of the country they were often overshadowed by local writers.

Because the essays were initially published in New York, most of them begin with the same salutation: "To the People of the State of New York".

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.

A 1792 French edition ended the collective anonymity of Publius, announcing that the work had been written by "Mm. Hamilton, Maddisson e Gay, citoyens de l'État de New York". In 1802, George Hopkins published an American edition that similarly named the authors. Hopkins wished as well that "the name of the writer should be prefixed to each number," but at this point Hamilton insisted that this was not to be, and the division of the essays among the three authors remained a secret.

The first publication to divide the papers in such a way was an 1810 edition that used a list left by Hamilton to associate the authors with their numbers; this edition appeared as two volumes of the compiled "Works of Hamilton". In 1818, Jacob Gideon published a new edition with a new listing of authors, based on a list provided by Madison. The difference between Hamilton's list and Madison's formed the basis for a dispute over the authorship of a dozen of the essays.

Both Hopkins's and Gideon's editions incorporated significant edits to the text of the papers themselves, generally with the approval of the authors. In 1863, Henry Dawson published an edition containing the original text of the papers, arguing that they should be preserved as they were written in that particular historical moment, not as edited by the authors years later.

Modern scholars generally use the text prepared by Jacob E. Cooke for his 1961 edition of The Federalist; this edition used the newspaper texts for essay numbers 1–76 and the McLean edition for essay numbers 77–85.

Structure and content

In Federalist No. 1, Hamilton listed six topics to be covered in the subsequent articles:

  1. "The utility of the UNION to your political prosperity"—covered in No. 2 through No. 14
  2. "The insufficiency of the present Confederation to preserve that Union"—covered in No. 15 through No. 22
  3. "The necessity of a government at least equally energetic with the one proposed to the attainment of this object"—covered in No. 23 through No. 36
  4. "The conformity of the proposed constitution to the true principles of republican government"—covered in No. 37 through No. 84
  5. "Its analogy to your own state constitution"—covered in No. 85
  6. "The additional security which its adoption will afford to the preservation of that species of government, to liberty and to prosperity"—covered in No. 85.

Furtwangler notes that as the series grew, this plan was somewhat changed. The fourth topic expanded into detailed coverage of the individual articles of the Constitution and the institutions it mandated, while the two last topics were merely touched on in the last essay.

The papers can be broken down by author as well as by topic. At the start of the series, all three authors were contributing; the first 20 papers are broken down as 11 by Hamilton, five by Madison and four by Jay. The rest of the series, however, is dominated by three long segments by a single writer: Nos. 21–36 by Hamilton, Nos. 37–58 by Madison, written while Hamilton was in Albany, and No. 65 through the end by Hamilton, published after Madison had left for Virginia.

Opposition to the Bill of Rights

The Federalist Papers (specifically Federalist No. 84) are notable for their opposition to what later became the United States Bill of Rights. The idea of adding a Bill of Rights to the Constitution was originally controversial because the Constitution, as written, did not specifically enumerate or protect the rights of the people, rather it listed the powers of the government and left all that remained to the states and the people. Alexander Hamilton, the author of Federalist No. 84, feared that such an enumeration, once written down explicitly, would later be interpreted as a list of the only rights that people had.

However, Hamilton's opposition to a Bill of Rights was far from universal. Robert Yates, writing under the pseudonym "Brutus", articulated this view point in the so-called Anti-Federalist No. 84, asserting that a government unrestrained by such a bill could easily devolve into tyranny. References in The Federalist and in the ratification debates warn of demagogues of the variety who through divisive appeals would aim at tyranny. The Federalist begins and ends with this issue. In the final paper Hamilton offers "a lesson of moderation to all sincere lovers of the Union, and ought to put them on their guard against hazarding anarchy, civil war, a perpetual alienation of the States from each other, and perhaps the military despotism of a successful demagogue". The matter was further clarified by the Ninth Amendment.

Judicial use

Federal judges, when interpreting the Constitution, frequently use The Federalist Papers as a contemporary account of the intentions of the framers and ratifiers. They have been applied on issues ranging from the power of the federal government in foreign affairs (in Hines v. Davidowitz) to the validity of ex post facto laws (in the 1798 decision Calder v. Bull, apparently the first decision to mention The Federalist). By 2000, The Federalist had been quoted 291 times in Supreme Court decisions.

Complete list

The colors used to highlight the rows correspond to the author of the paper.

     Alexander Hamilton      John Jay      James Madison

# Date Title Author
1 October 27, 1787 General Introduction Alexander Hamilton
2 October 31, 1787 Concerning Dangers from Foreign Force and Influence John Jay
3 November 3, 1787 The Same Subject Continued: Concerning Dangers from Foreign Force and Influence John Jay
4 November 7, 1787 The Same Subject Continued: Concerning Dangers from Foreign Force and Influence John Jay
5 November 10, 1787 The Same Subject Continued: Concerning Dangers from Foreign Force and Influence John Jay
6 November 14, 1787 Concerning Dangers from Dissensions Between the States Alexander Hamilton
7 November 15, 1787 The Same Subject Continued: Concerning Dangers from Dissensions Between the States Alexander Hamilton
8 November 20, 1787 The Consequences of Hostilities Between the States Alexander Hamilton
9 November 21, 1787 The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection Alexander Hamilton
10 November 22, 1787 The Same Subject Continued: The Union as a Safeguard Against Domestic Faction and Insurrection James Madison
11 November 24, 1787 The Utility of the Union in Respect to Commercial Relations and a Navy Alexander Hamilton
12 November 27, 1787 The Utility of the Union In Respect to Revenue Alexander Hamilton
13 November 28, 1787 Advantage of the Union in Respect to Economy in Government Alexander Hamilton
14 November 30, 1787 Objections to the Proposed Constitution From Extent of Territory Answered James Madison
15 December 1, 1787 The Insufficiency of the Present Confederation to Preserve the Union Alexander Hamilton
16 December 4, 1787 The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union Alexander Hamilton
17 December 5, 1787 The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union Alexander Hamilton
18 December 7, 1787 The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union James Madison
19 December 8, 1787 The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union James Madison
20 December 11, 1787 The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union James Madison
21 December 12, 1787 Other Defects of the Present Confederation Alexander Hamilton
22 December 14, 1787 The Same Subject Continued: Other Defects of the Present Confederation Alexander Hamilton
23 December 18, 1787 The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union Alexander Hamilton
24 December 19, 1787 The Powers Necessary to the Common Defense Further Considered Alexander Hamilton
25 December 21, 1787 The Same Subject Continued: The Powers Necessary to the Common Defense Further Considered Alexander Hamilton
26 December 22, 1787 The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered Alexander Hamilton
27 December 25, 1787 The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered Alexander Hamilton
28 December 26, 1787 The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered Alexander Hamilton
29 January 9, 1788 Concerning the Militia Alexander Hamilton
30 December 28, 1787 Concerning the General Power of Taxation Alexander Hamilton
31 January 1, 1788 The Same Subject Continued: Concerning the General Power of Taxation Alexander Hamilton
32 January 2, 1788 The Same Subject Continued: Concerning the General Power of Taxation Alexander Hamilton
33 January 2, 1788 The Same Subject Continued: Concerning the General Power of Taxation Alexander Hamilton
34 January 5, 1788 The Same Subject Continued: Concerning the General Power of Taxation Alexander Hamilton
35 January 5, 1788 The Same Subject Continued: Concerning the General Power of Taxation Alexander Hamilton
36 January 8, 1788 The Same Subject Continued: Concerning the General Power of Taxation Alexander Hamilton
37 January 11, 1788 Concerning the Difficulties of the Convention in Devising a Proper Form of Government James Madison
38 January 12, 1788 The Same Subject Continued, and the Incoherence of the Objections to the New Plan Exposed James Madison
39 January 16, 1788 The Conformity of the Plan to Republican Principles James Madison
40 January 18, 1788 The Powers of the convention to Form a Mixed Government Examined and Sustained James Madison
41 January 19, 1788 General View of the Powers Conferred by the Constitution James Madison
42 January 22, 1788 The Powers Conferred by the Constitution Further Considered James Madison
43 January 23, 1788 The Same Subject Continued: The Powers Conferred by the Constitution Further Considered James Madison
44 January 25, 1788 Restrictions on the Authority of the Several States James Madison
45 January 26, 1788 The Alleged Danger From the Powers of the Union to the State Governments Considered James Madison
46 January 29, 1788 The Influence of the State and Federal Governments Compared James Madison
47 January 30, 1788 The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts James Madison
48 February 1, 1788 These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other James Madison
49 February 2, 1788 Method of Guarding Against the Encroachments of Any One Department of Government James Madison
50 February 5, 1788 Periodic Appeals to the People Considered James Madison
51 February 6, 1788 The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments James Madison
52 February 8, 1788 The House of Representatives James Madison
53 February 9, 1788 The Same Subject Continued: The House of Representatives James Madison
54 February 12, 1788 The Apportionment of Members Among the States James Madison
55 February 13, 1788 The Total Number of the House of Representatives James Madison
56 February 16, 1788 The Same Subject Continued: The Total Number of the House of Representatives James Madison
57 February 19, 1788 The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many James Madison
58 February 20, 1788 Objection That The Number of Members Will Not Be Augmented as the Progress of Population Demands Considered James Madison
59 February 22, 1788 Concerning the Power of Congress to Regulate the Election of Members Alexander Hamilton
60 February 23, 1788 The Same Subject Continued: Concerning the Power of Congress to Regulate the Election of Members Alexander Hamilton
61 February 26, 1788 The Same Subject Continued: Concerning the Power of Congress to Regulate the Election of Members Alexander Hamilton
62 February 27, 1788 The Senate James Madison
63 March 1, 1788 The Senate Continued James Madison
64 March 5, 1788 The Powers of the Senate John Jay
65 March 7, 1788 The Powers of the Senate Continued Alexander Hamilton
66 March 8, 1788 Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered Alexander Hamilton
67 March 11, 1788 The Executive Department Alexander Hamilton
68 March 12, 1788 The Mode of Electing the President Alexander Hamilton
69 March 14, 1788 The Real Character of the Executive Alexander Hamilton
70 March 15, 1788 The Executive Department Further Considered Alexander Hamilton
71 March 18, 1788 The Duration in Office of the Executive Alexander Hamilton
72 March 19, 1788 The Same Subject Continued, and Re-Eligibility of the Executive Considered Alexander Hamilton
73 March 21, 1788 The Provision For The Support of the Executive, and the Veto Power Alexander Hamilton
74 March 25, 1788 The Command of the Military and Naval Forces, and the Pardoning Power of the Executive Alexander Hamilton
75 March 26, 1788 The Treaty Making Power of the Executive Alexander Hamilton
76 April 1, 1788 The Appointing Power of the Executive Alexander Hamilton
77 April 2, 1788 The Appointing Power Continued and Other Powers of the Executive Considered Alexander Hamilton
78 May 28, 1788 (book)
June 14, 1788 (newspaper)
The Judiciary Department Alexander Hamilton
79 May 28, 1788 (book)
June 18, 1788 (newspaper)
The Judiciary Continued Alexander Hamilton
80 June 21, 1788 The Powers of the Judiciary Alexander Hamilton
81 June 25, 1788;
June 28, 1788
The Judiciary Continued, and the Distribution of the Judicial Authority Alexander Hamilton
82 July 2, 1788 The Judiciary Continued Alexander Hamilton
83 July 5, 1788;
July 9, 1788;
July 12, 1788
The Judiciary Continued in Relation to Trial by Jury Alexander Hamilton
84 July 16, 1788;
July 26, 1788;
August 9, 1788
Certain General and Miscellaneous Objections to the Constitution Considered and Answered Alexander Hamilton
85 August 13, 1788;
August 16, 1788
Concluding Remarks Alexander Hamilton

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