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Federalist No. 39

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❶If the people were regarded in this transaction as forming one nation, the will of the majority of the whole people of the United States, would bind the minority; in the same manner as the majority in each state must bind the minority.

Alexander Hamilton, James Madison, and John Jay

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He believes faction to be an evil that cannot be prevented and, since it cannot be prevented, it must be thwarted by some other means. The most basic means of controlling faction, according to Madison, is by creating an extensive republic that incorporates as many different factions as possible.

Therefore, the factions, while vying for power within the government, would basically cancel out the more radical elements of each other. In essence, a large republic eliminates radical factions by including a lot of them within government and pitting them against each other. Fed This paper argues along the same concept as the number Here Madison also argues that "ambition must be made to counteract ambition" and this will control the government and protect the minority. I'm sorry I cannot give more information I would bet by the fact that you're dealing mainly with faction that Brutus Essay number three deals with how faction is not constrained within the proposed US Constitution.

However, that is only a thought. This Site Might Help You. Federalist Paper 10 Analysis. Related Questions Brutus No. Compare and contrast federalist 10 and federalist 51? About Federalist paper No. Federalists 10 and 51? Madison's Federalist 10 and 51? Answer Questions Why is it very hard to find the history of things? How did the earth change before people inhabited it?

Where was I before I was born? Why do racist white people say that blacks sold their own people as an excuse to why slavery was right? Was Titanic built by drunken British people is that why it sunk? Do conservatives still oppose the New Deal? It has also been improperly placed on the list of republics. These examples, which are nearly as different from each other as they are unlike a true republic, demonstrate how inaccurately the term has been used in analytical discussions. If we judge by the various principles on which different forms of government are based, we may define a republic to be: Those in office remain until the people desire a change, or for a limited term, or can be removed for malfeasance.

It is essential that a republican government be derived from the mass of the people rather than only a small minority or a privileged class. Otherwise any small group of tyrannical nobles by delegating their powers could say their government was a republic. To qualify as a republic the individuals administering it must be appointed, either directly or indirectly, by the people and they must hold their offices by pleasure of the people, limited term or good behavior as previously described.

Any government in the United States or any other country that does not conform to this can not legitimately be called a republic. According to the Constitution of every State in the Union, some of the officers of government are only appointed indirectly by the people. In most cases this is how the Governor is appointed. In one state, one branch of the legislature is indirectly chosen. According to all of the state constitutions the highest offices are held for a term of years both within the legislative and executive branches.

Most of the state constitutions specify that the judges are to hold their offices during good behavior. Upon examination, it becomes obvious that the Constitution as designed by the Convention conforms totally to the standard described here. The House of Representatives is elected directly by the people, as is at least one branch of all state legislatures. The Senate, like the Congress under the Articles of Confederation and the Senate of Maryland is appointed indirectly by the people.

The President is appointed indirectly as is the chief executive of most states. Even the judges, along with all other officers of the Union, will be indirectly chosen by the people. The duration of appointments is according to the republican standard, and similar to the pattern set forth in the state constitutions. The House of Representatives is elected for a certain period as is the case in all of the states. The term for the House is two years as it is in South Carolina.

The Senate is elected for six years. This is only one year more than the senate of Maryland and only two years more than the senates of New York and Virginia. The President is to be in office for a term of four years. In New York and Delaware the chief magistrate is elected for three years, and in South Carolina for two years. In the other states the chief magistrate is elected annually.

In several of the states there is no provision to impeach the chief magistrate. In Delaware and Virginia, he is not impeachable until after he leaves office. The President of the United States is impeachable at any time during his continuance in office.

Judges hold their office during good behavior. That is the way it should be. The term of office of ministerial offices will generally be set by legal regulation guided by reason and the example of the state constitutions. The provision that prohibits titles of nobility in both the federal and state governments and the guarantee of a republican form of government to each of the states prove that the system is republican. But those opposed to the proposed Constitution say that it was not enough for the form of government to be republican.

They claim that the original federal form of government which regards the union as only a confederacy of sovereign states needed to be preserved. They claim that the Convention framed a national government which is a total consolidation of the states. They then ask by what authority this bold and radical change was undertaken.

Their exploitation of this argument requires a precise examination and response. Without investigating the accuracy of the argument on which the objection is founded, we will first determine the real character of the new government proposed. Next we will see if the Convention was authorized to propose such a government.

Lastly we must determine if the duty they had to suggest improvements to the form of government justified going beyond their specific instructions. In order to determine the real character of the proposed government we will consider the foundation on which it is to be established; the sources of its powers; the operation of those powers; the extent of those powers; and the authority to make future changes.

The Constitution is to be founded on the assent and ratification of the people of America. This assent is to be given by delegates elected for this specific purpose. The ratification is not to be done by the people of the whole nation considered as one body but by the people in each state considered as separate independent entities. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. The act therefore establishing the Constitution will not be a national but a federal act.

The ratification by the people separately from so many independent states will be a federal and not a national act. It is obvious from this single consideration that it is to result neither from the decision of a majority of the people of the Union, nor from that of a majority of the states. It must result from the unanimous assent of the states that are parties to it. This is no different than their ordinary assent to matters of their states other than it is being expressed, not by the legislative authority, but by the authority of the people themselves.

If the people were regarded in this transaction as forming one nation, the will of the majority of the whole people of the United States, would bind the minority; in the same manner as the majority in each state must bind the minority.

The will of the majority would have to be determined either by counting the individual votes nationwide or by considering the will of a majority of the states, as evidence of the will of a majority of the people of the United States. Neither of these rules has been adopted. Each state in ratifying the Constitution is considered as a sovereign body independent of all others, and only to be bound by its own voluntary act.

In this regard the new Constitution will be a federal and not a national Constitution. Let us next discuss the sources from which the ordinary powers of government are to be derived. The House of Representatives will derive its powers from the people of America. The people will be represented in the same proportion, and on the same principle, as they are in the legislature of a particular state. In this respect the government is national not federal. The Senate on the other hand will derive its powers from the states, as political and co-equal societies; and these will be represented on the principle of equality in the Senate, as they now are in the existing Congress.

In this respect the government is federal, not national. The executive power will be derived from a very compound source. The nomination of the presidential candidates is to be made by the states in their political characters.


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This important last point is the difference between States maintaining their sovereignty if federal vs. a Union with direct control of the people if a national government. A definition of republicanism is necessary because history has confused the issue.

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The Federalist Papers study guide contains a biography of Alexander Hamilton, John Jay and James Madison, literature essays, a complete e-text, quiz questions, major themes, characters, and a full summary and analysis.

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Federalist No. 39, titled "The conformity of the Plan to Republican Principles", is an essay by James Madison, the thirty-ninth of The Federalist Papers, published on January 18, Federalist 39 was written for the Independent Journal, a New York newspaper, on January 16, by James Madison. In this essay Madison starts by defining and describing a republican government.

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The Federalist Papers Summary No Madison January 29, This paper continues the discussion of the last paper by considering whether the Federal Government or State Governments will have the support of the people. Sep 21,  · However, Madison summarizes this subject in Federalist Paper Ten and provides an analysis of the nature, causes, and effects of factions (that is, that factions are primarily the root cause of dissention) but makes the point that said factions are the product of, and the price of, donnievales9rdq.cf: Resolved.