The Federalist Papers

After the Constitutional Convention sent its work to the states in September 1787, the Constitution faced strong opposition in New York, where essays signed “Cato” attacked it in the press. Hamilton enlisted John Jay and then Madison to answer. Beginning in late 1787, their essays appeared several times a week in New York newspapers and were reprinted elsewhere. Jay wrote five; Madison wrote twenty-nine between November 1787 and March 1788; Hamilton wrote the rest.

The essays were one side of a vast public debate. Anti-Federalists warned that a powerful central government would swallow the states, serve the wealthy, and threaten liberty — especially without a bill of rights.

• A large republic controls faction. In No. 10, Madison defined a faction as a group “united and actuated by some common impulse of passion, or of interest,” adverse to others’ rights or the common good. Instead of removing its causes, he argued, a large republic would contain so many competing interests that no single faction could easily dominate.
• Checks and balances. In No. 51, Madison explained that each branch must have the means to resist the others: “Ambition must be made to counteract ambition.” He added: “If men were angels, no government would be necessary.”
• An energetic executive and a strong union. Hamilton argued that the nation needed a government able to raise revenue, defend itself, and act decisively.
• Judicial review. In No. 78, Hamilton called the judiciary “the least dangerous” branch and argued that courts must treat the Constitution as fundamental law that prevails over ordinary statutes — reasoning later echoed in Marbury v. Madison.
• Slavery and representation. In No. 54, Madison defended counting enslaved people as three-fifths of a person for representation.