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

On this day in 1788, Federalist Paper No. 73 is published. You may remember that essay 70 outlined several ingredients needed for an “energetic executive.” This paper tackles the third of these ingredients: “adequate provision for its support.” Alexander Hamilton writes as Publius in this particular paper. Publius’s discussion of this third ingredient is quick. He notes the constitutional provision that presidential compensation cannot be increased or decreased during the Pre

On this day in 1788, Federalist Paper No. 72 is published. Alexander Hamilton (a.k.a. “Publius”) is still discussing the duration of presidential terms and the manner in which these 4-year terms contribute to an “energetic executive.” Publius reminds his readers that frequent presidential elections will not only result in frequent changes of the Executive, but it will also result in frequent changes of the subordinate officers who are running the various departments of govern

On this day in 1788, Federalist Paper No. 71 is published. You may remember that the last paper outlined several ingredients needed for an energetic executive, and it addressed the first of these (“unity”—i.e. a single executive). Alexander Hamilton (a.k.a. “Publius”) now tackles the second: “duration.” How long should the President’s term be? Publius notes that the length of a President’s term affects two subjects: his “personal firmness” and the stability of policies enacte

On this day in 1788, Federalist Paper No. 70 was published. Alexander Hamilton (a.k.a. “Publius”) begins a more detailed examination of the presidency. Some of you will really dislike the next few papers! Publius lays out the arguments for a strong executive. Maybe it will help to remember two things: (1) Generally speaking, when the Founders spoke of a strong executive or a strong government, they meant something different than what we would mean today. The founding generati

On this day in 1788, Federalist Paper No. 69 is published. Alexander Hamilton (a.k.a. “Publius”) begins his discussion of the “real characters of the proposed Executive.” Americans had just broken free from a tyrannical Monarch. The powers given to the American President would be among their chief concerns. Publius spends some time defending aspects of the presidency that now seem perfectly normal to us: We have ONE President, not two or three executives. The President is ele

On this day in 1788, Federalist Paper No. 68 is published. Alexander Hamilton (a.k.a. “Publius”) defends the Constitution’s unique presidential election process. The Electoral College was fairly uncontroversial during the ratification debates. What has changed since then? I would argue that our needs have not changed. We still need a President that can represent and serve a great, diverse nation, and the Electoral College still serves us well in that regard. However, somethi

On this day in 1788, Federalist Paper No. 67 is published. Alexander Hamilton (a.k.a. “Publius”) turns his attention to the constitutional provisions made for the President. Publius feels compelled to immediately address the presidential power to make recess appointments during Senate vacancies. Kind of interesting, isn’t it? If he were going sequentially, he would have addressed presidential election first and gotten to this issue of recess appointments later. But people at

On this day in 1788, Federalist Paper No. 66 is published. Alexander Hamilton (a.k.a. “Publius”) continues his discussion of the constitutional provision that makes the Senate a court for the trial of impeachments. He addresses several specific objections. First, does the plan violate the principle of separation of powers? You may remember that Publius already discussed separation of powers in earlier papers, and he refers to those arguments again here. Yes, the Constitution

On this day in 1788, Federalist Paper No. 65 is published. Alexander Hamilton (a.k.a. “Publius”) discusses the Senate’s role in impeachment/conviction of executive officers. Why do I suspect just a few of you are interested in this paper?! Publius notes the inherent difficulties in prosecuting the “misconduct of public men” or the “abuse or violation of some public trust.” Finding a “well-constituted court for the trial of impeachments” is difficult, to say the least. The “pa

On this day in 1788, Federalist Paper No. 64 is published. John Jay returns as “Publius” for one final essay. He discusses the role of the Senate in the making of treaties: The President has the power to make treaties, but two-thirds of Senators must concur. Jay notes the difficulties associated with making treaties: “The power of making treaties,” he writes, “is an important one . . . and it should not be delegated but in such a mode, and with such precautions, as will affor

On this day in 1788, Federalist Paper No. 63 is published. Publius continues his examination of the Senate. Another factor “illustrating the utility of a senate, is the want of a due sense of national character,” he says. The Senate will help America to obtain the “respect and confidence” of other nations because it is “select and stable.” The Senate has a smaller number of elected officials, who are in office for a longer period of time. A “numerous and changeable body” cann

On this day in 1788, Federalist Paper No. 62 is published. Publius has wrapped up his discussion of the House. Now he moves on to the Senate. He hits several points in quick succession. First, he addresses the fact that Senators must be older than House members, and they must be citizens for a longer period of time prior to their elections. Publius deems this unremarkable. The “nature of the senatorial trust” requires “greater extent of information and ability of character.”