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The States founders' library
The Articles of Confederation, 1781 The first constitution of the United States, a league of sovereign states with a one-state, one-vote Congress that could not tax or regulate commerce. Brutus No. 1: The Danger of a Consolidated Government Over a Vast Republic The first Brutus essay warns that the Constitution would consolidate the states under unlimited national power, which a republic so large could not keep free. Federal Farmer No. 1: A Plan of Accommodation That Tends to Consolidation The Federal Farmer urges care before ratifying, warning that the plan leans toward consolidating the states into one government a free people could not sustain. Federalist No. 10: The Union as a Safeguard Against Domestic Faction and Insurrection (Continued) Madison defines faction, argues its causes cannot be removed without destroying liberty, and says a large representative republic best controls its effects. Federalist No. 14: Objections to the Proposed Constitution From Extent of Territory Answered Madison distinguishes a republic from a democracy and argues that a republic can govern a territory as large as the Union. Federalist No. 15: The Insufficiency of the Present Confederation to Preserve the Union Hamilton argues the Confederation fails because it legislates for states, not individuals, and that laws without enforcement are only advice. Federalist No. 16: The Insufficiency of the Present Confederation to Preserve the Union (Continued) Hamilton argues that coercing states means civil war, so a government acting directly on citizens is the only alternative to anarchy. Federalist No. 17: The Insufficiency of the Present Confederation to Preserve the Union (Continued) Hamilton answers the fear that a national government would swallow the states, arguing that the people's affections and daily concerns favor state governments. Federalist No. 18: The Insufficiency of the Present Confederation to Preserve the Union (Continued) Madison, probably with Hamilton, surveys the Amphictyonic and Achaean leagues of ancient Greece and finds that weak central power led to quarrels and conquest. Federalist No. 19: The Insufficiency of the Present Confederation to Preserve the Union (Continued) Madison, with Hamilton, examines the Holy Roman Empire, Poland and the Swiss cantons, finding that sovereign members and a weak head bred anarchy and war. Federalist No. 20: The Insufficiency of the Present Confederation to Preserve the Union (Continued) Madison, with Hamilton, studies the United Netherlands and concludes that a government over governments tends toward anarchy and requires force to function. Federalist No. 21: Other Defects of the Present Confederation Hamilton lists more defects of the Confederation: no sanction for its laws, no guaranty of state governments, and unfair quotas on the states. Federalist No. 22: Other Defects of the Present Confederation (Continued) Hamilton lists further flaws of the Confederation: no commerce power, quota-based armies, equal state votes, supermajority rules, and no national courts. Federalist No. 30: Concerning the General Power of Taxation Hamilton argues the national government needs its own power to tax, because requisitions on the states have failed and money is government's vital principle. Federalist No. 31: Concerning the General Power of Taxation (Continued) Hamilton argues that a government must have every power needed for its responsibilities, and that fear of abuse is no reason to withhold essential authority. Federalist No. 32: Concerning the General Power of Taxation (Continued) Hamilton argues that the states keep their own power to tax, except on imports and exports, and that taxing powers can coexist in both governments. Federalist No. 33: Concerning the General Power of Taxation (Continued) Hamilton defends the Necessary and Proper and Supremacy Clauses as plain statements of what is already implied, and says a usurping law would be void. Federalist No. 34: Concerning the General Power of Taxation (Continued) Hamilton argues the Constitution should not limit federal taxing power, since future emergencies cannot be foreseen, and that concurrent taxing is workable. Federalist No. 35: Concerning the General Power of Taxation (Continued) Hamilton argues that all classes will be fairly represented without quotas by occupation, and that the consumer pays import duties, so the burden is spread. Federalist No. 36: Concerning the General Power of Taxation (Continued) Hamilton defends federal power over internal taxes, noting that direct taxes are apportioned by census and that double taxation is a false alarm. Federalist No. 37: Concerning the Difficulties of the Convention in Devising a Proper Form of Government Madison sets out the difficulties the Convention faced in joining energy, stability and liberty, and asks critics to judge the result with candor. Federalist No. 38: The Incoherence of the Objections to the New Plan Exposed (Continued) Madison points out that the plan's critics contradict one another and that the Convention's work should be compared with the Confederation, not with an ideal. Federalist No. 39: The Conformity of the Plan to Republican Principles Madison tests the Constitution against republican principles and finds it partly federal and partly national, with the people as the source of power. Federalist No. 40: On the Powers of the Convention to Form a Mixed Government Examined and Sustained Madison defends the Convention's authority to propose a new plan, arguing that forms must give way to substance and that the people have the final say. Federalist No. 41: General View of the Powers Conferred by The Constitution Madison surveys the federal powers, beginning with defense, and answers the claim that the general welfare language is a blank check. Federalist No. 42: The Powers Conferred by the Constitution Further Considered Madison reviews the powers over foreign affairs and interstate commerce, and admits it would have been better to end the slave trade sooner than 1808. Federalist No. 43: The Powers Conferred by the Constitution Further Considered (Continued) Madison reviews miscellaneous powers, including the guarantee of republican government and ratification by nine states, and defends necessary-and-proper. Federalist No. 44: Restrictions on the Authority of the Several States Madison defends the limits on state power, such as bans on ex post facto laws, paper money and titles of nobility, and the necessary-and-proper clause. Federalist No. 45: The Alleged Danger From the Powers of the Union to the State Governments Considered Madison replies that federal powers are few and defined while the states keep numerous and indefinite ones, and that the people's welfare is the supreme object. Federalist No. 46: The Influence of the State and Federal Governments Compared Madison argues that state governments, as the people's agents, will have the advantage over the federal government in the people's attachment and in resistance. Federalist No. 6: Concerning Dangers from Dissensions Between the States Hamilton argues from history that nations, republics and traders included, go to war from passion and gain, so disunited states would not stay at peace. Federalist No. 7: Concerning Dangers from Dissensions Between the States (Continued) Hamilton names concrete sources of conflict among disunited states: western lands, trade rivalries, the public debt, and laws that violate contracts. Federalist No. 8: The Consequences of Hostilities Between the States Hamilton argues that wars between disunited states would force standing armies and stronger executives on them, endangering liberty. Federalist No. 85: Concluding Remarks Hamilton closes the series, urging adoption now with amendments to follow, and arguing that the plan is not perfect but far better than the alternatives. Federalist No. 9: The Union as a Safeguard Against Domestic Faction and Insurrection Hamilton answers critics of republics by arguing that new political science and a federal Union of states can control faction and insurrection. The Northwest Ordinance, 1787 The 1787 law that organized the territory north of the Ohio River, set the path to statehood, protected basic rights, and banned slavery there.