Two hundred thirty-seven years ago today a mysterious series of essays began flooding the New York Press arguing why the people should ratify the newly proposed Constitution of the United States under the name Publius. Astute viewers now recognize these as The Federalist Papers, written not by a man named Publius, but by John Jay, James Madison, and Alexander Hamilton. Though there is much to be said about the utility of whether our Constitution should be viewed through the lens of history or as a living document that catches up with society, The Federalist Papers proved an important tool of persuasion to the people of New York for ratification, and still are used today by scholars, judges, history teachers, and musical writers alike.
Understanding The Federalist Papers is impossible without a fuller picture of the United States of the Articles of Confederation Era. When the Second Continental Congress declared independence from Great Britain, it did not do so as the United States but as thirteen independent colonies banded together loosely. The Congress continued to operate under a common goal without a formal structure until a full year after the war started in 1777 when the Articles of Confederation were proposed. This early frame of government created an anemic federal government that couldn’t even fund itself without begging the states for money. Quickly after the Treaty of Paris, the government showed its weaknesses as this inability to raise funds led to Shay’s Rebellion here taking over the Springfield Armory. The Constitutional Convention of 1787 proposed a new Constitution which balanced the interests of the several states in creating a stronger government. Some feared that as proposed the government was too powerful and would take away too much power from individual states, so in September of 1787 an earlier essay appeared from “Cato” arguing against ratifying the Constitution. Cato’s essay and others are now known as The Anti-Federalist Papers. As an architect of the proposed Constitution, Hamilton was concerned about these essays and hatched a plan with other supporters to craft a counter to this narrative with pro-constitution essays. In addition to Jay and Madison who went on to write essays, Hamilton offered Gouverneur Morris the opportunity to collaborate but he declined, and Hamilton also William Duer’s contributions which were published on their own.
As much as the essays were anonymous, many people were able to discern who wrote them. Hamilton had previously used the pen name Publius, and all three were vocal supporters of the Constitution from the convention. Despite it practically being an open secret, the authorship was not completely uncovered until after Hamilton’s death. Those who know the hit musical Hamilton know that “John Jay got sick after writing five [papers], James Madison only wrote twenty-nine [papers], [and] Hamilton wrote the other fifty-one.”
The papers are broadly broken into six categories; 1) how the union will help the citizens of New York, 2) that the current government cannot preserve the Union, 3) the necessity of a strong, “energetic” government, 4) the republican principles of the government, 5) the similarities between the proposed Constitution and the New York Constitution, and 6) that the Constitution will protect the citizen’s peace, liberty, and prosperity. While they’re all important, Federalist Papers 10, 39, 51, 68, and 78 have generated the most discussion because of their thoughts on the role of the President, the Judiciary, and the Electoral College.
The Federalist Papers did ultimately help convince New York to ratify the Constitution, but other proposals like the Bill of Rights under the Massachusetts Compromise helped move the needle as well. Regardless, the Papers remain an important piece of our history and a tool that judges from across the political spectrum use. To read the papers, click here, and to read more about them click the link below.
