2014-11-17

The Federalist Papers were a collection of arguments written by James Madison (the most and the best), Alexander Hamilton, and John Jay – all using the pen name Publius – to answer objections to the new Constitution and encourage its ratification. The first Federalist appeared 40 days after the Constitution was signed in 1787; the last one was published ten months later in August 1788.

If you are inclined to read the original arguments with a special eye on today’s problems, friends more knowledgeable than I suggest the following Federalist papers:

#51: Checks and Balances

#47: Distribution of Power

#41: Powers Conferred by the Constitution

#45: Dangers of Powers

#70: The Executive

#39: Republican Principles

#49: Guarding Against Encroachments

#29: The Militia

#10: Safeguard Against Factions and Insurrection

If, however, you would be satisfied having a familiarity with a few of the most profound statements in the 85 papers, here are my favorites:

“[A]ccumulation of all powers, legislative, executive, and judiciary in the same hands … may justly be pronounced the very definition of tyranny.” (Madison, #47)

“Enlightened statesmen will not always be at the helm.” (Madison, #10)

“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.” (Madison, #51)

”The fabric of American empire ought to rest on the solid bases of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow from that pure, original fountain of all legitimate authority.” (Hamilton, #22; his emphasis)

“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.” (Madison, #62)

“[W]hatever fine declarations may be inserted in any constitution respecting it, must altogether depend on public opinion, and on the general spirit of the people and of the government.” (Hamilton, # 84)

“The house of representatives .. can make no law which will not have its full operation on themselves and their friends, as well as the great mass of society. This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together … but without which every government degenerates into tyranny.” (Madison, #57)

“It will not be denied that power is of an encroaching nature and that it ought to be effectually restrained from passing the limits assigned to it.” (Madison, #48)

”An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy so that no one could transcend their legal limits without being effectually checked and restrained by the others.” (Madison, #58)

”We have heard of the impious doctrine in the old world, that the people were made for kings, not kings for the people. Is the same doctrine to be revived in the new, in another shape…? (Madison, #45)

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those that are to remain in the State governments are numerous and indefinite.” (Madison, #45)

“The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms.”   (Madison, #46)

“Those politicians and statesmen who have been the most celebrated for the soundness of their principles and for the justice of their views, have declared in favor of a single Executive and a numerous legislature. They have … considered energy as the most necessary qualification of the former, and … the latter as best adapted to deliberation and wisdom….” (Hamilton, #70) (The context is “[d]ecision, activity, secrecy, and dispatch” in the executive for the security of the nation, and a calmer tempo in Congress for domestic issues.)

“The danger from legislative usurpations, which, by assembling all power in the same hands, must lead to the same tyranny as is threatened by executive usurpations.” (Madison, #48)

“A nation, despicable by its weakness, forfeits even the privilege of being neutral.” (Hamilton, #11) (Does the world view our present foreign policy as robust?)

“[The] danger will be evidently greater where the whole legislative trust is lodged in the hands of one body of men…” (Madison, #63) (Could he have been warning about an unelected fourth branch of government?)

Now go back and read #1 again. It defines the de facto problem we face from today’s government agencies. Remember it well.

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Next week: With Thanksgiving approaching, please thank God for the Constitution.

Gary Lawrence is a public opinion pollster and author. His latest book “The War in Heaven Continues” is available at Deseret Book, Ensign Books, and at  GaryCLawrence.com. He welcomes reader comments at gary@lawrenceresearch.com.

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