On this day in 1788, Federalist Paper No. 58 is published. It addresses the last of the four objections made to the composition of the House of Representatives: That the number of representatives will be too small and that this problem will get worse over time. Such an objection, Publius notes, assumes that the number of representatives will never be increased. Yet the Constitution provides that the initial number is to be temporary. It also provides for a decimal Census. The

On this day in 1788, Federalist Paper No. 57 is published. Publius addresses a third concern raised against the House of Representatives: “[T]hat it will be taken from that class of citizens which will have least sympathy with the mass of the people, and be most likely to aim at an ambitious sacrifice of the many to the aggrandizement of the few.” The attack, if true, “strikes at the very root of republican government.” Can we choose our own elected representatives – or can’t

On this day in 1788, Federalist Paper No. 56 is published. Publius addresses the concern that the number of representatives in the House is too small and thus will not “possess a due knowledge of the interests of its constituents.” In other words, how can so few people represent so many people, particularly given the great “diversity of their interests”? “It is a sound and important principle,” Publius acknowledges, “that the representative ought to be acquainted with the int

On this day in 1788, Federalist Paper No. 55 is published. Publius continues his analysis of the House of Representatives. Is the number of House members too small? Will it “be an unsafe depositary of the public interests”? The first House was to start with only 65 members. The states, Publius notes, have all relied upon different principles in determining the number of their representatives. Coming up with a “precise” solution is more difficult than it appears. If the ratio

On this day in 1788, Federalist Paper No. 54 is published. Publius is still dissecting the provisions regarding the House of Representatives. In this paper, he has the difficult task of defending one of the Constitution’s compromises regarding slavery. This essay was most likely written by James Madison, who personally felt very conflicted by slavery. On the one hand, as he wrote elsewhere, he thought that “the magnitude of this evil among us is so deeply felt, and so univers

On this day in 1788, Federalist Paper No. 53 is published. Publius continues his examination of the House of Representatives. The previous paper addressed the question of biennial elections of congressmen: Is the designated frequency of elections “safe”? Put another way, do they protect liberty? This paper continues with the same topic. Then it turns to a second, but related, question: Are biennial elections “necessary or useful”? Publius begins by noting a proverbial saying:

On this day in 1788, Federalist Paper No. 52 is published. Publius is ready to begin an examination of each part of government. In this paper, he starts with the House of Representatives. What are the proper qualifications and terms for Congressmen? And who should get to vote for them? “[T]he right of suffrage,” Publius begins, “is very justly regarded as a fundamental article of republican government.” For this reason, Publius believes that certain matters were properly defi

On this day in 1788, Federalist Paper No. 51 is published. Publius has been following a train of thought regarding “separation of powers” since paper no. 47. This essay is the last in that series. As discussed in these essays, separation of powers is a vital characteristic of good government. (“Separation” means, for example, that the legislative and judicial powers should not be in the same hands.) However, our Constitution does not *completely* separate these governmental f

On this day in 1788, Federalist Paper No. 50 is published. Publius continues to address the best system of addressing constitutional infractions. He is specifically addressing a proper method of “PREVENTING AND CORRECTING INFRACTIONS OF THE CONSTITUTION.” He views this issue as separate from a closely related topic: “ALTERING the Constitution itself.” Our Constitution primarily relies on a system of checks and balances: Each governmental branch has tools with which to pull th

On this day in 1788, Federalist Paper No. 49 is published. I know that many readers of this page are working toward an Article V convention for proposing constitutional amendments. This essay is for you. Publius addressed the need for checks and balances in the last paper: The legislative branch can “check” the executive (e.g., its power to impeach), just as the President can “check” the legislature (e.g., his veto power). Some Americans, however, preferred a more complete se

On this day in 1788, Federalist Paper No. 48 is published. James Madison (a.k.a. “Publius”) continues his discussion of separation of powers in government. Madison agreed that separation of powers was critical in a free country. If the whole power of two departments falls into the hands of one person, then power can be abused. A President, for example, should not possess the whole power of legislating and the whole power of enforcing the law, simultaneously. But ironically, M

On this day in 1788, Federalist Paper No. 47 is published. James Madison (a.k.a. “Publius”) tackles the concept of separation of powers in government. Believe it or not, our Constitution was then being attacked for failing to provide sufficient separation among the legislative, executive, and judicial functions. How interesting that the founding generation was ready to reject the Constitution because of a fear that it violated “separation of powers.” Yet, today, many modern A

On this day in 1788, Federalist Paper No. 46 is published. James Madison (a.k.a. “Publius”) discusses which level of government—state or national—will have greater support from the people and which can better defend itself from encroachments by the other. This essay offers a glimpse into how very far we have fallen. Madison seems literally unable to imagine a world in which the national government could encroach too greatly upon the state governments. Indeed, at one point he

On this day in 1788, Federalist Paper No. 45 is published. James Madison spent the past few essays defending each power transferred to the new national government. Now he asks whether the accumulation of all these powers (“the whole mass of them”) could be “dangerous to the portion of authority left in the several States.” Madison still believes that the states retain the bulk of power in the new Constitution. If anything, he thinks the national government is likely to be “to

On this day in 1788, Federalist Paper No. 44 is published. James Madison (a.k.a. “Publius”) continues his step-by-step defense of the powers given to the new national government. He’s addressed the first four classes of governmental power (identified in Federalist No. 41). This paper tackles the 5th and 6th classes of powers. First, Madison addresses the restraints placed on the states “from certain injurious acts.” These are fairly uncontroversial and are run through quickly

On this day in 1788, Federalist Paper No. 43 is published. James Madison (a.k.a. “Publius”) continues his step-by-step defense of the powers given to the new national government. This essay literally reads like a punch list. In Federalist No. 41, Madison had divided the power granted to the government into six classes. Paper 41 discussed the first of these (national security); Paper 42 discussed the next two classes (foreign commerce and relations among states). Now, Madison

On this day in 1788, Federalist Paper No. 42 is published. James Madison (a.k.a. “Publius”) engages in a detailed defense of various powers given to the national government. His paper is lengthy! (It’s hard to imagine such a lengthy editorial in any newspaper today, isn’t it?!) Thus, I will focus on just three important points. First, Madison underscores the importance of creating a sound structure for government. When laws don’t make practical sense, officials are forced int

On this day in 1788, Federalist Paper No. 41 is published. James Madison (a.k.a. “Publius”) begins an orderly review of the powers conferred upon the national government. He makes a point that advocates of big government solutions need to pay attention to, believe it or not. Stick with me. The point comes at the end. Madison focuses on the first class of power that he says was conferred upon the national government: “Security against foreign danger.” “Security against foreign

On this day in 1788, Federalist Paper No. 40 is published. James Madison (a.k.a. “Publius”) addresses the contention that the Constitutional Convention exceeded its authority. Was it a runaway convention? The question remains important today. Some states have been considering the possibility of using their Article V power to call for a convention. The Constitution provides that states may apply to Congress for “a convention for proposing amendments.” The Article V power has n

On this day in 1788, Federalist Paper No. 39 is published. The Federalist Papers are a collection of essays that were published in New York newspapers in late 1787 and early 1788. They argued FOR the new Constitution, then being considered for ratification by the states. James Madison (a.k.a. “Publius”) dives in, immediately, to fend off criticism that the new government isn’t a “republican” one. “[N]o other form would be reconcilable with the genius of the people of America,