On this day in 1787, an author writing under the pseudonym “Federal Farmer” writes his fifth contribution to the anti-Federalist Papers. It would be his last contribution for a while! These papers argued against the new Constitution, then being considered for ratification by the states. At this point, the Federal Farmer is basically wrapping up his thoughts from previous papers and offering his advice on what to do next. (See prior essays: I, II, III, IV.) Despite his earlier

On this day in 1787, an author writing under the pseudonym “Federal Farmer” writes his fourth contribution to the anti-Federalist Papers. These papers argued against the new Constitution, then being considered for ratification by the states. This paper is quite lengthy, just like its predecessor. I’ll do my best to hit a few important highlights. The Federal Farmer begins by noting a contrast: The state constitutions then had bills of rights. The proposed U.S. Constitution st

On this day in 1787, an author writing under the pseudonym “Cato” writes his second contribution to the anti-Federalist Papers. As a whole, these papers argued against the new Constitution, then being considered for ratification by the states. In his first paper, Cato urged his readers to keep an open mind about the Constitution that had been proposed, but he also urges caution. The new system of government that has been proposed should be carefully assessed so its errors mig

On this day in 1787, an author writing under the pseudonym “Federal Farmer” writes his third contribution to the anti-Federalist Papers. These papers argued against the new Constitution, then being considered for ratification by the states. This paper is quite lengthy. I’ll do my best to hit a few important highlights. The Federal Farmer continues to be worried about the small size of the House of Representatives, especially when the issue of taxation is taken into considerat

On this day in 1787, an author writing under the pseudonym “Federal Farmer” writes his second contribution to the anti-Federalist Papers. These papers argued against the new Constitution, then being considered for ratification by the states. The Federal Farmer was worried about the size of the Congress. In a free government, there should be a “full and equal representation of the people in the legislature.” He thinks the Congress that has been proposed is too small. He is, of

On this day in 1787, an early contribution is made to the Anti-Federalist Papers. Perhaps you’ve heard of the Federalist Papers, a series of essays written in defense of the newly proposed Constitution as the states considered whether to ratify it? The Anti-Federalist Papers took the opposing viewpoint. The Federalist Papers were written in an organized fashion, under one pseudonym, “Publius.” By contrast, the Anti-Federalist Papers were not at all organized. Various authors

On this day in 1787, an author writing under the pseudonym “Centinel” writes his first contribution to the anti-Federalist Papers. These papers argued against the new Constitution, then being considered for ratification by the states. Their authors were not working together in any type of organized fashion, as the writers of the pro-Constitution Federalist Papers were. This particular author, “Centinel,” was probably Samuel Bryan of Pennsylvania, although it is possible that

On this day in 1787, an author writing under the pseudonym “Cato” writes his first contribution to the anti-Federalist Papers. As a whole, these papers argued against the new Constitution, then being considered for ratification by the states. In this particular paper, however, Cato is still keeping an open mind about the Constitution. He urges his readers to do the same—but he also urges them to be very careful. The decision to ratify or not to ratify the Constitution will be

On this day in 1788, the last Federalist Paper is published. Thanks to all of you who have persevered with me through the entire series. Alexander Hamilton (a.k.a. Publius) delivers his concluding remarks on the new Constitution then being proposed to the states, including some final thoughts on whether amendments are needed before the Constitution is adopted. Hamilton thinks not! First, the plan is not “radically defective.” To the contrary, Hamilton notes that the system “t

At about this time in 1788, Alexander Hamilton (a.k.a. Publius) writes Federalist Paper No. 84. His essay would later appear in a bound volume with other Federalist essays (see below). Hamilton addresses miscellaneous objections to the Constitution. He first addresses the most obvious concern of many Americans at the time: The Constitution then lacked a bill of rights. Hamilton supports this omission. First, the Constitution “contains, in the body of it, various provisions in

At about this time in 1788, Alexander Hamilton (a.k.a. Publius) writes Federalist Paper No. 83. His essay would later appear in a bound volume with other Federalist essays (see below). You guessed it. Hamilton is STILL talking about the judiciary. This time, he is talking about the provisions regarding trial by jury. Article III of the Constitution provides that criminal trials “shall be by Jury,” but it contains no similar provision protecting the right to jury in civil case

At about this time in 1788, Alexander Hamilton (a.k.a. Publius) writes Federalist Paper No. 82. His essay would later appear in a bound volume with other Federalist essays (see below). The ever-verbose Hamilton is STILL talking about the judiciary. What will happen to the state courts under the new Constitution? Hamilton begins by noting a general principle: “States will retain all PRE-EXISTING authorities which may not be exclusively delegated to the federal head.” If the fe

At about this time in 1788, Alexander Hamilton (a.k.a. Publius) writes Federalist Paper No. 81. His essay would later appear in a bound volume with other Federalist essays (see below). This paper honestly might leave you rolling your eyes a bit at the current state of affairs. Hamilton is still discussing the judiciary and concerns about the Supreme Court. The Constitution’s opponents were worried that the Court would end up being superior to the legislature. Hamilton dismiss

At about this time in 1788, Alexander Hamilton (a.k.a. Publius) writes Federalist Paper No. 80. His essay would later appear in a bound volume with other Federalist essays (see below). This paper continues Hamilton’s examination of the judiciary. Hamilton begins by noting that there “ought always to be a constitutional method of giving efficacy to constitutional provisions.” What good does it do to impose constitutional restrictions if you have no “constitutional mode of enfo

At about this time in 1788, Alexander Hamilton (a.k.a. Publius) writes Federalist Paper No. 79. His essay would later appear in a bound volume with other Federalist essays (see below). This paper examines the judiciary created by the Constitution. What constitutional provisions will safeguard the independence of judges? In the prior paper, Hamilton defended life tenure for judges because it contributes to their independence. This paper defends a “fixed provision for their sup

At about this time in 1788, Alexander Hamilton (a.k.a. Publius) writes Federalist Paper No. 78. His essay would appear in a bound volume with other Federalist essays. The paper examines the judiciary created by the Constitution. Hamilton spends the bulk of his time discussing the tenure of judges as it relates to the nature of what they do. But, honestly, much of what Hamilton says in this paper probably strikes the modern reader as odd, given how powerful our activist courts

On this day in 1788, Federalist Paper No. 77 is published. Publius wraps up his discussion of the executive power. It’s the last paper that he will write for a while (but see logistical note below). Publius is still addressing the appointment power, which is split between the President’s power to nominate and the Senate’s power to consent. Does the President have “undue influence over the Senate”? Or perhaps the other way around? Publius finds the first argument silly. The Pr

On this day in 1788, Federalist Paper No. 76 is published. Publius is continuing down his punch list of presidential powers. This paper covers the President’s power to nominate certain “officers of the United States.” It is a power that he shares with Congress. The President nominates, but the Senate offers “advice and consent.” Additionally, the Congress may make laws regarding the appointment of “inferior officers.” The Constitutional Convention could have chosen from three

On this day in 1788, Federalist Paper No. 75 is published. Next up on Publius’s list of presidential powers? The treaty-making power. The Constitution provides that the President can enter into treaties, “by and with the advice and consent of the Senate . . . provided two thirds of the senators present concur.” Publius notes that some have expressed concern about separation of powers, but he references his earlier arguments about why powers should not be *completely* separate

On this day in 1788, Federalist Paper No. 74 is published. The ever-organized Publius is still scrolling down his punch list of presidential powers. This paper analyzes a few presidential powers in quick succession, but Publius spends the bulk of his time discussing the President’s ability to grant “reprieves and pardons for offenses against the United States, EXCEPT IN CASES OF IMPEACHMENT.” Publius starts from the assumption that, for humane reasons, the “prerogative of par