Federalist No. 49

Last updated

Federalist No. 49
Gilbert Stuart, James Madison, c. 1821, NGA 56914.jpg
James Madison, author of Federalist No. 49
Author James Madison
Original titleMethod of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention
CountryUnited States
LanguageEnglish
Series The Federalist
PublisherNew York Packet
Publication date
February 2, 1788
Media typeNewspaper
Preceded by Federalist No. 48  
Followed by Federalist No. 50  

Federalist No. 49 is an essay by James Madison, the forty-ninth of The Federalist Papers . [1] It was first published by The New York Packet on February 2, 1788, under the pseudonym "Publius", the name under which all The Federalist papers were published. [1] It is titled "Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention". [2]

Contents

Summary

In this essay, Madison, writing as Publius, confronts directly some of the ideas raised by Thomas Jefferson in his Notes on the State of Virginia. [3] Jefferson's provision in question reads: "whenever any two of the three branches of government shall concur in opinion, each by the voices of two thirds of their whole number, that a convention is necessary for altering the Constitution, or correcting breaches of it, a convention shall be called for the purpose." [3] Madison begins by agreeing that there is logic to the idea of allowing the people to appeal through the use of a convention, but then explains that it would be unworkable and contradictory to the proposed Constitution. [4]

Madison explains that allowing the proposed conventions would allow the "public passions" to disturb the "public tranquility." [5] He explains that it would suggest a "defect" in the actions of the government, one that may erode the government completely. [6] Madison then reminds his audience that it is a moment of public passion that has caused the drafters to write the proposed United States Constitution, and that it would be impractical to provide the opportunity for constant change once it is ratified. [5]

Madison also reasons that providing for a constitutional convention when any two of the three branches concur that one should be held is not as safeguarding as may seem. [7] He notes that the Executive Branch and Judicial Branch of the proposed government are both made of a small number of people, and points out that a small number of people could prompt the need for a convention. [7] Instead, Madison explains, the proposed Constitution provides for a Legislative Branch consisting of many representatives, which can provide a check on the other two branches, and vice versa. [8]

Based on these reasons, Madison concludes that "appeals to the people would be neither a proper nor an effectual provision." [9]

Madison also contended for government transparency, claiming that "road to the decision of the people ought to be marked out and kept open."

Related Research Articles

<i>The Federalist Papers</i> Series of 85 essays arguing in favor of the ratification of the US Constitution

The Federalist Papers is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as The Federalist until the name The Federalist Papers emerged in the 20th century.

<span class="mw-page-title-main">Federalism in the United States</span> Division of powers between national, state, tribal and local governments

Federalism in the United States is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and toward the national government. The progression of federalism includes dual, cooperative, and new federalism.

<span class="mw-page-title-main">Federalist No. 10</span> Essay by James Madison against factions

Federalist No. 10 is an essay written by James Madison as the tenth of The Federalist Papers, a series of essays initiated by Alexander Hamilton arguing for the ratification of the United States Constitution. It was first published in The Daily Advertiser on November 22, 1787, under the name "Publius". Federalist No. 10 is among the most highly regarded of all American political writings.

<span class="mw-page-title-main">Federalist No. 2</span> Federalist Paper by John Jay

Federalist No. 2, titled "Concerning Dangers From Foreign Force and Influence", is a political essay written by John Jay. It was the second of The Federalist Papers, a series of 85 essays arguing for the ratification of the United States Constitution. The essay was first published in The Independent Journal on October 31, 1787, under the pseudonym Publius, the name under which all The Federalist Papers were published. Federalist No. 2 established the premise of nationhood that would persist through the series, addressing the issue of political union.

<span class="mw-page-title-main">Federalist No. 6</span> Federalist Paper by Alexander Hamilton

Federalist No. 6 is a political essay written by Alexander Hamilton, writing under the pseudonym of Publius, as did James Madison and John Jay in the other Federalist Papers. Published first in The Independent Journal on November 14, 1787, this essay argues for the benefits of a union between the American states. Formally titled "Concerning Dangers from Dissensions Between the States", Federalist No. 6 continues to discuss that the States would devolve into conflict with each other. This discussion is a bastion of Federalist thought in their fight against the Anti-Federalists.  

<span class="mw-page-title-main">Federalist No. 11</span> Federalist Paper by Alexander Hamilton

Federalist No. 11 is an essay by Alexander Hamilton, the eleventh of The Federalist Papers. It was first published in The Independent Journal on November 23, 1787 under the pseudonym Publius, the name under which all The Federalist papers were published. It is titled "The Utility of the Union in Respect to Commercial Relations and a Navy".

<span class="mw-page-title-main">Federalist No. 14</span> Federalist Paper by James Madison

Federalist No. 14 is an essay by James Madison titled "Objections to the Proposed Constitution From Extent of Territory Answered". This essay is the fourteenth of The Federalist Papers. It was first published in The New York Packet on November 30, 1787 under the pseudonym Publius, the name under which all The Federalist papers were published. It addresses a major objection of the Anti-Federalists to the proposed United States Constitution: that the sheer size of the United States would make it impossible to govern justly as a single country. Madison touched on this issue in Federalist No. 10 and returns to it in this essay.

<span class="mw-page-title-main">Federalist No. 13</span> Federalist Paper by Alexander Hamilton

Federalist No. 13 is an essay by Alexander Hamilton, the thirteenth of The Federalist Papers. It was first published in The Independent Journal on November 28, 1787, under the pseudonym Publius, the name under which all The Federalist papers were published. It is titled "Advantage of the Union in Respect to Economy in Government".

<span class="mw-page-title-main">Federalist No. 24</span> Federalist Paper by Alexander Hamilton regarding the common defense

Federalist No. 24 is an essay by Alexander Hamilton, the twenty-fourth of The Federalist Papers. It was first published in The Independent Journal on December 19, 1787, under the pseudonym Publius, the name under which all The Federalist papers were published. It is titled "The Powers Necessary to the Common Defense Further Considered".

<span class="mw-page-title-main">Federalist No. 25</span> Federalist Paper by Alexander Hamilton regarding the common defense

Federalist No. 25 is an essay by Alexander Hamilton, the twenty-fifth of The Federalist Papers. It was first published in The New York Packet on December 21, 1787, under the pseudonym Publius, the name under which all The Federalist papers were published. It continues the discussion begun in Federalist No. 24. No. 25 is titled "The Same Subject Continued: The Powers Necessary to the Common Defense Further Considered".

<span class="mw-page-title-main">Federalist No. 26</span> Federalist Paper by Alexander Hamilton regarding a standing army

Federalist No. 26, titled "The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered", is an essay written by Alexander Hamilton as the twenty-sixth of The Federalist Papers. It was published on December 22, 1787, under the pseudonym Publius, the name under which all The Federalist papers were published. Federalist No. 26 expands upon the arguments of a federal military Hamilton made in No. 24 and No. 25, and it is directly continued in No. 27 and No. 28.

<span class="mw-page-title-main">Federalist No. 27</span> Federalist Paper by Alexander Hamilton

Federalist No. 27, titled "The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered", is an essay by Alexander Hamilton, the twenty-seventh of The Federalist Papers. It was published on December 25, 1787, under the pseudonym Publius, the name under which all The Federalist papers were published. Federalist No. 27 is the second of three successive essays covering the relationship between legislative authority and military force, preceded by Federalist No. 26, and succeeded by Federalist No. 28.

<i>Federalist No. 51</i> Federalist Paper by James Madison

Federalist No. 51, titled: "The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments", is an essay by James Madison, the fifty-first of The Federalist Papers. This document was first published by The New York Packet on February 8, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. Federalist No. 51 addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government. The idea of checks and balances is a crucial part of the U.S. system of government. One of Federalist No. 51's most important ideas, an explanation of checks and balances, is the often-quoted phrase, "Ambition must be made to counteract ambition."

<span class="mw-page-title-main">Federalist No. 41</span> Federalist Paper by James Madison

Federalist No. 41, titled "General View of the Powers Conferred by the Constitution", is an essay written by James Madison as the forty-first of The Federalist Papers. These essays were published by Alexander Hamilton, with John Jay and James Madison serving as co-authors, under the pseudonym "Publius." No. 41 was first published by The New York Packet on January 19, 1788 and argues about the necessity of the powers the Constitution vested upon the general government as well as the meaning of the phrase "general welfare".

<i>Federalist No. 52</i> Federalist Paper by James Madison, or possibly Alexander Hamilton

Federalist No. 52, an essay by James Madison or Alexander Hamilton, is the fifty-second essay out of eighty-five making up The Federalist Papers, a collection of essays written during the Constitution's ratification process, most of them written either by Hamilton or Madison. It was published in the New York Packet on February 8, 1788, with the pseudonym Publius, under which all The Federalist papers were published. This essay is the first of two examining the structure of the United States House of Representatives under the proposed United States Constitution. It is titled The House of Representatives".

<i>Federalist No. 54</i> Federalist Paper by James Madison on Apportionment of Representatives

Federalist Paper No. 54 is an essay by James Madison, the fifty-fourth of The Federalist Papers. It was first published by The New York Packet on February 12, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published.

<i>Federalist No. 66</i> Federalist Paper by Alexander Hamilton

Federalist No. 66 is an essay by Alexander Hamilton, the sixty-sixth of The Federalist Papers. It was published on March 8, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. The title is "Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered".

<span class="mw-page-title-main">Federalist No. 76</span> Federalist Paper by Alexander Hamilton

Federalist No. 76, written by Alexander Hamilton, was published on April 1, 1788. The Federalist Papers are a series of eighty-five essays written to urge the ratification of the United States Constitution. These letters were written by Alexander Hamilton, James Madison, and John Jay under the name of Publius in the late 1780s. This paper discusses the arrangement of the power of appointment and the system of checks and balances. The title is "The Appointing Power of the Executive", and is the tenth in a series of 11 essays discussing the powers and limitations of the Executive branch. There are three options for entrusting power: a single individual, a select congregation, or an individual with the unanimity of the assembly. Hamilton supported bestowing the president with the nominating power but the ratifying power would be granted to the senate in order to have a process with the least bias.

<i>Federalist No. 80</i> Federalist Paper by Alexander Hamilton

Federalist No. 80 is an essay by Alexander Hamilton, the eightieth of The Federalist Papers. It was published on June 21, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. It is titled "The Powers of the Judiciary", and it is the third in a series of six essays discussing the powers and limitations of the judicial branch.

<span class="mw-page-title-main">James Madison as Father of the Constitution</span> 4th president of the United States from 1809 to 1817

James Madison was an American statesman, diplomat, and Founding Father who served as the 4th president of the United States from 1809 to 1817. He is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. Disillusioned by the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention, which produced a new constitution. Madison's Virginia Plan served as the basis for the Constitutional Convention's deliberations, and he was one of the most influential individuals at the convention. He became one of the leaders in the movement to ratify the Constitution, and he joined with Alexander Hamilton and John Jay in writing The Federalist Papers, a series of pro-ratification essays that was one of the most influential works of political science in American history.

References

  1. 1 2 Madison, James. "Federalist No. 49". The Avalon Project. Lillian Goldman Law Library, Yale University. Retrieved December 7, 2011.
  2. Madison, James. "Federalist No. 49". The Federalist Papers. Library of Congress. Archived from the original on May 7, 2009. Retrieved December 7, 2011.
  3. 1 2 The Federalist Papers. New York: New American Library, a division of Penguin Books. 1999. p. 310. ISBN   0-451-52881-6.
  4. The Federalist Papers. New York: New American Library, a division of Penguin Books. 1999. pp. 310–311. ISBN   0-451-52881-6.
  5. 1 2 The Federalist Papers. New York: New American Library, a division of Penguin Books. 1999. p. 312. ISBN   0-451-52881-6.
  6. The Federalist Papers. New York: New American Library, a division of Penguin Books. 1999. p. 311. ISBN   0-451-52881-6.
  7. 1 2 The Federalist Papers. New York: New American Library, a division of Penguin Books. 1999. p. 313. ISBN   0-451-52881-6.
  8. The Federalist Papers. New York: New American Library, a division of Penguin Books. 1999. pp. 313–314. ISBN   0-451-52881-6.
  9. The Federalist Papers. New York: New American Library, a division of Penguin Books. 1999. p. 314. ISBN   0-451-52881-6.