Federalist Item No. 9
The Federalist article no. 9 is the fifth of Alexander Hamilton , one of the founding fathers of the United States , written essay in a series of 85 essays 1787-88 in newspapers Independent Journal , New York Packet and Daily Advertiser appeared and under the Names of Federalist Papers collected have been published.
Article no. 9 was published in November 1787 under the title "The benefit of the Union as a protection against factions and insurrections inside" ( The Union as a Safeguard Against Domestic Faction and Insurrection ) in the Independent Journal under the pseudonym " Publius ." The discussion continues by James Madison in Federalist Article No. 10 .
Historical background
The 1777 adopted Confederation ( Articles of Confederation ) of the United States had proved a few years after its ratification in 1781 as insufficient to ensure an efficient government of the State Union. In 1787 the Philadelphia Convention was convened to revise the articles, but as a result drafted a new constitution . In September 1787 the draft was passed on to constitutional conventions in the individual states for ratification. From September 1787, the opponents of the Federation ("Anti-Federalists") agitated in the Anti-Federalist Papers against the ratification of the draft constitution. The Federalist essays by Alexander Hamilton, James Madison and John Jay countered this on the part of the Republicans .
content
Hamilton discusses the republican form of government against the background of the ancient democracies as well as the thoughts of Montesquieu , from whose work The Spirit of Laws , published in 1748, he quotes extensively.
The separation of powers and checks and balances stabilize the republic
He counters the argument that the ancient republics did not remain stable over the long term because of the advances in political science that would consolidate the proposed political order: the separation of powers, the introduction of mutual control and equilibrium in the legislature made up of elected representatives, and independent courts "Effective methods by which the fine aspects of the republican form of government can be preserved and its shortcomings prevented or eliminated."
Confederative republic combines the advantages of monarchy and republicanism
In their criticism of the draft constitution, the authors of the Anti-Federalist Papers cited Montesquieu's idea that republics could only exist and be governed in a long-term stable within limited territory. On the other hand, Hamilton argues that some of the 13 former colonies already had a larger area than the republics that Montesquieu had envisioned. If you follow Montesquieu, you can either establish a monarchy or split the 13 founding states into countless tiny commonwealths .
“Such an infatuated policy, such a desperate expedient, might, by the multiplication of petty offices, answer the views of men, who possess not qualifications to extend their influence beyond the narrow circles of personal intrigue, but it could never promote the greatness or happiness of the people of America. "
“Such a foolish policy, such a desperate way out, may be appropriate to the views of men who are in no way qualified to exert their influence beyond the narrow circle of personal intrigue; it does not serve the greatness or the happiness of the American people. "
Federalist Article No. 9 cites Montesquieu's arguments for a confederate republic in detail, showing that the anti-federalists' arguments are based on inaccurate knowledge of the text.
- The constitution of a federal republic combines all the internal advantages of a republic with the external power of a monarchy.
- "It is an amalgamation of communities that are constituted as a new community, which is able to grow by accepting new members until it is so powerful that it can take care of the security of the whole."
- A large federation made up of many member states is less susceptible to the usurpation of power by a single dominant state.
- The entirety of the individual states could have a calming effect or intervene in the event of unrest or conflict within a state.
- "Since this state is made up of small republics, it enjoys internally the happiness that reigns in each of them and externally all the advantages of a large monarchy."
Hamilton defines the federal republic as "an 'association of polities', or as a union of two or more states into one state". In this confederation of states the separate organization of the member states is not abolished; These are constitutionally responsible for local issues, even if they are completely subordinate to the central authority of the Union.
“The proposed Constitution, so far from implying an abolition of the State Governments, makes them constituent parts of the national sovereignty by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power - This full corresponds, in every rational import of the terms, with the idea of a Federal Government. "
“In the present draft constitution, there can be no question of the abolition of the individual states, rather they are given direct representation with the Senate and retain certain exclusive and extremely important shares in sovereignty. In every reasonable sense of the term, this corresponds perfectly to the idea of a federal state. "
literature
- Angela and Willi Paul Adams: Hamilton / Madison / Jay: The Federalist Articles: Political Theory and Constitutional Commentary by the American Founding Fathers. With the English and German text of the US Constitution . Schöningh, Paderborn 2004, ISBN 978-3-8252-1788-4 , pp. 44-50 .
Web links
Individual evidence
- ↑ Federalist Article No. 9 in the Library of Congress , accessed April 2, 2018.
- ↑ Adams & Adams (2004): The Federalist Articles. S. 45. In the original: “ The regular distribution of power into distinct departments - the introduction of legislative ballances [!] And checks - the institution of courts composed of judges, holding their offices during good behavior - the representation of the people in the legislature by deputies of their own electin - these are either wholly new discoveries or have made their principal progress towards perfection in modern times. They are means, and powerful means, by which the excellencies of republican government may be retained and its imperfections lessened or avoided. ”
- ↑ Adams & Adams (2004): The Federalist Articles. P. 47.
- ↑ De l'esprit des Loix. Volume 1 Book IX, Chap. I, quoted from Federalist No. 9 in Adams, 2004.
- ↑ Adams & Adams (2004): The Federalist Articles. P. 49. In the original: “ The definition of a confederate republic seems simply to be, an 'assemblage of societies' or an association of two or more States into one State. ”
- ↑ Adams & Adams (2004): The Federalist Articles. P. 49.