The Federalists won the battle - they printed 85 essays (compared to 16 Brutus Papers) and succeeded in getting the Constitution ratified!
The Federalist Papers Definition
The Federalist Papers are a series of essays that were printed in New York newspapers arguing in favor of the ratification of the Constitution. They supported the idea of federalism and were written in response to the Brutus Papers which supported antifederalism.
Federalism is a system of governance which is composed of a strong central authority and weaker, yet not powerless, subordinate states. In a federalist system the central government and the states beneath it each have separate areas of responsibility and the states can make their own laws as long as they are in accordance with the laws set by the central authority.
Historical Background
In 1781, in the midst of the Revolutionary War, Congress ratified the Articles of Confederation as the framework for the newly-formed United States government. Under the Articles of Confederation, the states all had their own forms of government and congress had very little power. One of the biggest issues was that the new country didn't have a stable currency. The war had put America in severe in debt, but the states weren't volunteering to pay up and Congress couldn't madate them to do so.
In response to this and other problems, Congress came together in 1787 for the Constitutional Convention. Two delegates, James Madison of Virginia and Alexander Hamilton of New York, were among the most influential in convincing Congress to create a new constitution.
The 1788 printing of The Federalist. Source: Wikimedia Commons Author, Publius, CC-PD-Mark
Purpose of the Federalist Papers
The Federalist Papers were created to argue on behalf of the Constitution as it went to the states for ratification.
Ratification of the Constitution
While the proposed constitution received enough signatures from the delegates in 1787, it still needed to be ratified by the states. Some states, like Pennsylvania and Delaware, ratified the Constitution within weeks. However, some states were more hesitant. Virginia and New York, two large and influential states, were leaning away from ratifying it.
The antifederalist delegates saw the ratification process as an opportunity to either defeat the Constitution in the states or have the states push for major changes.
The Brutus Papers
One antifederalist in New York (whose identity is still unknown) wrote a series of essays called the Brutus papers. He argued that the federal government was far too strong and that New York should not ratify the Constitution.
The Federalists could not let the Brutus papers go unchecked. They decided to write a series of essays in response to try to convince the states, especially New York, to ratify the Constitution.
Writers of the Federalist Papers
Alexander Hamilton, James Madison, and John Jay had been strong federalists and supporters of the constitution from the beginning. Hamilton recruited them to help him write a series of responses to the Brutus papers. In all, they wrote 85 essays over six months between 1787 and 1788.
Alexander Hamilton is credited as the primary author of the Federalist Papers. Source: Wikimedia Commons Author, John Trumbull, PD US
They all used the pen name "Publius," in honor of the Publius Valerius who helped found the government of ancient Rome, to hide their identities. While many people eventually figured out that it was Hamilton, Madison, and Jay, the pen name makes it difficult to know for sure who wrote each one. Based on Hamilton's and Madison's personal lists and analyses of the essays, historians believe that Jay wrote 5 essays, Madison wrote 29, and Hamilton wrote 51.
Each essay was published in New York newspapers. Some editions even included 2 or 3 essays. The rapid pace of publication left little opportunity for antifederalists to make a counterargument. In 1788 a printing press gathered all of the essays into a bound book called The Federalist.
An advertisement for the book The Federalist. Source: Wikimedia Commons Author, Project Gutenberg, PD Gutenberg
Summary of the Federalist Papers
The 85 essays spanned a wide variety of topics related to the new government. However, several of the essays have stood out as being particularly important.
Federalist No. 10 - Factions
Written by James Madison, Federalist No. 10 dealt with the issue of political factions. One of the main critiques of the republic style of government was that people would split into factions and the majority would tyrannize the minority. Madison acknowledged the risk but argued that limiting liberty "is worse than the disease" of factions.
Some people also argued that the country was too large for a republic to operate (keep in mind that this was still when the US was only made up of 13 states!). Madison argued that it was the perfect size because the more people involved meant more diversity of ideas and opinions, which would help dilute any nefarious goals of a smaller faction. Plus, a larger country meant a larger pool of candidates from which to elect the best people.
Federalist No. 51 - Branches of Government
Credited to James Madison, Federalist No. 51 is a direct response to the antifederalist critiques in the Brutus papers about whether the branches of government would try to usurp each other's power. He argues that because each branch has the desire to expand its power, it also means that it has the ability and desire to protect its power from other branches. This tension exemplifies the system of checks and balances that will keep each branch in check.
He also argues that the Constitution creates a compound government. Not only is it split into the state and federal level, with each one having its own realm of authority, but the federal government is further split into three branches, hence "a double security arises to the rights of the people."
The three branches of the US federal government are the Executive Branch, Legislative Branch, and Judicial Branch.
Federalist No. 70 - Unitary Executive
In Federalist No. 70, Hamilton argues on behalf of a unitary executive in response to a proposal to have a plural executive (meaning that several people would co-lead instead of one).
Hamilton argued that the US needed a unitary executive: the president. He argues that it is essential to the "protection of the community against foreign attacks.... to the steady administration of the laws; to the protection of property... [and] to the security of liberty." The executive can't waste time trying to confer with multiple people - they need the power to be decisive. Congress needs to be slowed down so that it acts deliberately and carefully, but the president needs to act quickly.
In fact, contrary to the antifederalist arguments that a unitary executive reduces accountability, Hamilton argues that having multiple people would allow them to shift blame and conceal responsibility. If you have to answer to the people, then you'll be more transparent and responsive to public opinion.
Federalist No. 78 - The Judicial Branch
Written by Hamilton, Federalist No. 78 argues on behalf of having a strong judicial branch. Hamilton highlights three necessary traits: an independent jury, life tenure for justices, and judicial review.
Hamilton argues that it is absolutely essential for the Judicial branch to be independent. If they favor the legislative or executive branch, then "all the reservations of particular rights or privileges would amount to nothing." In that same vein, if the justices are beholden to Congress or the president for their jobs, it may influence their judgment. Therefore, as long as they exhibit "good behavior," they should be able to have no term limits. According to Hamilton, an independent jury and life tenure are necessary for "a steady, upright, and impartial administration of the laws."
Lastly, Hamilton argues on behalf of judicial review. He believed that if the Supreme Court can't strike down laws, then no laws are protected. He conceded that Congress could gain too much power if they could pass whatever they wanted. The Judicial branch has to protect the Constitution from Congress through the practice of judicial review.
3 main ideas of the Federalist Papers
Support for Federalism and the Constitution
The first essay, which we now know was written by Alexander Hamilton, makes it clear that the goal of the Federalist Papers is to argue in favor of the ratification of the Constitution. The Papers laid out an argument for federalism and the importance of giving the central government some teeth to make decisions. However, they emphasized the many limitations and constraints on the government's power as well, arguing that it struck the right balance between a strong central government and a limited government. They also talked about the many problems in the Articles of Confederation and the need for a new Constitution.
Opposition to the Bill of Rights
Even though the delegates signed the Constitution, there was still a lot of controversy about the Bill of Rights when it went to the states for ratification. Some states said they wouldn't ratify the Constitution unless they added a list of rights that the federal government couldn't violate.
In Federalist No. 84, Hamilton argued against including a Bill of Rights. He said that the Constitution already included "a number of such provisions," especially around the rights of the accused. He pointed out that similar documents like the Magna Carta or the Petition of Right were used as an agreement between a king and his subjects and thus had no place in a constitutionally governed society where the government's power comes from the people.
He said a bill of rights was not only unnecessary but potentially dangerous as "the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given." For example, the Constitution doesn't give the government any power over the press, so if you include freedom of the press it implies that the government had that power.
Intentions of the Founding Fathers
Because we don't have many notes or records of the discussions at the Constitutional Convention, the Federalist Papers provide important insight into the intentions of some of the Founding Fathers. They have been cited in several important Supreme Court cases. One of the most important is Marbury v. Madison when the Supreme Court cited Federalist No. 78 as justification for the institution of Judicial Review.
The Federalist Papers - Key takeaways
- The Federalist Papers were written by Alexander Hamilton, James Madison, and John Jay to persuade the states (New York in particular) to ratify the Constitution.
- Federalist No. 10 argues that the Constitution will prevent factions from becoming a problem and that a larger country is the perfect size for a republic.
- Federalist No. 51 argues that the various branches of government will keep each other in check.
- Federalist No. 70 argues that the US needs a unitary executive who can act quickly and decisively.
- Federalist No. 78 argues that Supreme Court justices need to be independent of the other branches and have life tenure. It also argues on behalf of judicial review.
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Frequently Asked Questions about The Federalist Papers
What are the federalist papers?
The Federalist Papers are a series of essays that argued in favor of the ratification of the Constitution.
Why were the federalist papers important?
The Federalist Papers provided a strong rationale and persuasive argument when the states were deciding whether to ratify the Constitution. Today, they help provide insight into the founding fathers' intentions.
Did the federalist papers support the ratification of the constitution?
Yes, the Federalist Papers argued against the Articles of Confederation and in favor of the Constitution.
How many of the federalist papers did Hamilton write?
Based on analyses of the letters, historians believe that Hamilton wrote 51 of the 85 essays.
Who were the authors of the federalist papers?
Alexander Hamilton recruited his colleagues James Madison and John Jay to write the Federalist Papers.
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