The Federalist Papers Part 21

SECTION 2 1. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.2. No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.3. [Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.] The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such inumeration shall be made, the State of New Hampshire shall be ent.i.tled to choose three, Ma.s.sachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.4. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.5. The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

SECTION 3 1. The Senate of the United States shall be composed of two Senators from each State [chosen by the Legislature thereof,] for six Years; and each Senator shall have one Vote.2. Immediately after they shall be a.s.sembled in Consequence of the first Election, they shall be divided as equally as may be into three Cla.s.ses. The Seats of the Senators of the first Cla.s.s shall be vacated at the Expiration of the second Year, of the second Cla.s.s at the Expiration of the fourth Year, and of the third Cla.s.s at the Expiration of the sixth Year, so that one third may be chosen every second Year; [and if Vacancies happen by resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.]3. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.4. The Vice President of the United States, shall be President of the Senate, but shall have no Vote, unless they be equally divided.5. The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.6. The Senate shall have the sole Power to try all impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.7. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

SECTION 4 1. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.2. The Congress shall a.s.semble at least once in every Year, and such Meeting shall [be on the first Monday in December], unless they shall by Law appoint a different Day.

SECTION 5 1. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall const.i.tute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the attendance of absent Members, in such Manner, and under such Penalties as each House may provide.2. Each House may determine the Rules of its Proceedings, punish its Members for Disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.3. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.4. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

SECTION 6 1. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.2. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

SECTION 7 1. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.2. Every Bill which shall have pa.s.sed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States. If he approves, he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If, after such Reconsideration two thirds of that House shall agree to pa.s.s the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such Cases the Votes of Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like Manner as if he had signed it, unless the Congress, by their Adjournment prevent its Return, in which Case it shall not be a Law.3. Every Order, Resolution, or Vote, to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the same shall take Effect, shall be approved by him, or being disapproved by him, shall be repa.s.sed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

SECTION 8 The Congress shall have Power 1. To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;2. To borrow Money on the credit of the United States;3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;5. To coin Money, regulate the value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;7. To establish Post Offices and post Roads;8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;9. To const.i.tute Tribunals inferior to the supreme Court;10. To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;13. To provide and maintain a Navy;14. To make Rules for the Government and Regulation of the land and naval Forces;15. To provide for calling forth the Militia to execute the laws of the Union, suppress Insurrections, and repel Invasions;16. To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;17. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the same shall be, for the Erection of Forts, Magazines, a.r.s.enals, dock-Yards, and other needful Buildings;-And18. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Const.i.tution in the Government of the United States, or in any Department or officer thereof.

SECTION 9 1. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.2. The privilege of the Writ of Habeas Corpus Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.3. No Bill of Attainder or ex post facto ex post facto Law shall be pa.s.sed. Law shall be pa.s.sed.4. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.5. No Tax or Duty shall be laid on Articles exported from any State.6. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.7. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.8. No t.i.tle of n.o.bility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them shall, without the Consent of the Congress, accept of any present, Emolument, Office, or t.i.tle, of any kind what ever, from any King, Prince, or foreign State.

SECTION 10 1. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in payment of Debts; pa.s.s any Bill of Attainder, ex post facto ex post facto Law, or Law impairing the Obligation of Contracts, or grant any t.i.tle of n.o.bility. Law, or Law impairing the Obligation of Contracts, or grant any t.i.tle of n.o.bility.2. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.3. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article II SECTION 1 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:2. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole number of Senators and Representatives to which the State may be ent.i.tled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.3. [The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the list the said House shall in like Manner choose the President. But in choosing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the Vice President.]4. The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.5. No Person, except a natural-born Citizen, or a Citizen of the United States at the time of the Adoption of this Const.i.tution, shall be eligible to that Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.6. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation, or Inability, both the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.7. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.8. Before he enter on the Execution of his Office, he shall take the following Oath or affirmation:-"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will, to the best of my Ability, preserve, protect, and defend the Const.i.tution of the United States."

SECTION 2 1. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the princ.i.p.al Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.2. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint, Amba.s.sadors, other public Ministers, and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.3. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

SECTION 3 He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Amba.s.sadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

SECTION 4 The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III SECTION 1 The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

SECTION 2 1. The judicial Power shall extend to all Cases in Law and Equity, arising under this Const.i.tution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Amba.s.sadors, other public Ministers, and Consuls;-to all Cases of admiralty and maritime Jurisdiction; -to Controversies to which the United States shall be a Party;-to Controversies between two or more States;-between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.2. In all Cases affecting Amba.s.sadors, other public Ministers, and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.3. The Trial of all Crimes, except in Cases of Impeachment, shall be by jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but, when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

SECTION 3 1. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two witnesses to the same overt Act, or on Confession in open Court.2. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article IV SECTION 1 Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

SECTION 2 1. The Citizens of each State shall be ent.i.tled to all Privileges and Immunities of Citizens in the several States.2. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.3. [No Person held to Service or Labor in one State, under the Laws thereof, escaping into another, shall, in consequence of any Law or Regulation therein, be discharged from such Service or Labor, but shall be delivered up on Claim of the Party to whom such Service or Labor may be due.]

SECTION 3 1. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned, as well as of the Congress.2. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Const.i.tution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

SECTION 4 The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

Article V The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Const.i.tution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Const.i.tution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; provided [that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and] that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article VI VI 1. All Debts contracted and Engagements entered into, before the Adoption of this Const.i.tution, shall be as valid against the United States under this Const.i.tution, as under the Confederation. 1. All Debts contracted and Engagements entered into, before the Adoption of this Const.i.tution, shall be as valid against the United States under this Const.i.tution, as under the Confederation.2. This Const.i.tution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Const.i.tution or Laws of any State to the Contrary notwithstanding.3. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation to support this Const.i.tution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article VII VII The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Const.i.tution between the States so ratifying the Same. Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. In witness whereof We have hereunto subscribed our Names, George Washington, President and deputy from Virginia.

ENDNOTES 1 (p. 17) [No. 2] (p. 17) [No. 2] "FAREWELL! "FAREWELL! A A LONG FAREWELL, TO ALL MY GREATNESS": LONG FAREWELL, TO ALL MY GREATNESS": The quotation is from Cardinal Wolsey's speech in Shakespeare's The quotation is from Cardinal Wolsey's speech in Shakespeare's Henry VIII Henry VIII (act 3, scene 2), when Wolsey suddenly recognizes his imminent downfall. The historical Cardinal Wolsey (c. 1475-1530) was named lord chancellor of England in December 1515, stripped of the t.i.tle in October 1529, and arrested for high treason in November 1530. (act 3, scene 2), when Wolsey suddenly recognizes his imminent downfall. The historical Cardinal Wolsey (c. 1475-1530) was named lord chancellor of England in December 1515, stripped of the t.i.tle in October 1529, and arrested for high treason in November 1530.

2 (p. 30) [No. 6] (p. 30) [No. 6] The celebrated Pericles, in compliance with the resentments of a prost.i.tute,.. attacked, vanquished, and destroyed the city of the The celebrated Pericles, in compliance with the resentments of a prost.i.tute,.. attacked, vanquished, and destroyed the city of the Samnians: Aspasia, referred to in Hamilton's note, was the mistress of Pericles (c.495-429 B.C.), an Athenian statesman. She was not an Athenian citizen and so could not marry Pericles under Athenian Solanic law until he received special legal dispensation to make her his wife, which he did. She was a consort, or Samnians: Aspasia, referred to in Hamilton's note, was the mistress of Pericles (c.495-429 B.C.), an Athenian statesman. She was not an Athenian citizen and so could not marry Pericles under Athenian Solanic law until he received special legal dispensation to make her his wife, which he did. She was a consort, or hetairi, hetairi, not a prost.i.tute. (The Greek term for prost.i.tutes was not a prost.i.tute. (The Greek term for prost.i.tutes was p.o.r.nai, p.o.r.nai, the root of our word "p.o.r.nography.") The deep-seated hostilities between Samos, a compet.i.tor in sea power, and Athens had little to do with Aspasia or her relation to Pericles. (Hamilton means "Samians," from his source in Plutarch, when he refers to "Samnians.") the root of our word "p.o.r.nography.") The deep-seated hostilities between Samos, a compet.i.tor in sea power, and Athens had little to do with Aspasia or her relation to Pericles. (Hamilton means "Samians," from his source in Plutarch, when he refers to "Samnians.") 3 (p. 30) [No. 6] (p. 30) [No. 6] The ambitious cardinal, who was prime minister to Henry VIIIth, permitting his vanity to The ambitious cardinal, who was prime minister to Henry VIIIth, permitting his vanity to aspire aspire to the triple crown, entertained hopes of succeeding in the acquisition of that splendid prize by the influence of the emperor Charles Vth: to the triple crown, entertained hopes of succeeding in the acquisition of that splendid prize by the influence of the emperor Charles Vth: Hamilton's reference to a triple crown and Charles V (1500-1558) referred in part to the facts that Charles succeeded Ferdinand as ruler of Spain and was in line to inherit the kingships of both Italy and Germany, which he eventually did. In parallel fashion, Thomas Wolsey, already a cardinal and archbishop of York (as well as chancellor of England), aspired to the papacy itself through his diplomatic maneuverings with Charles V, who could be expected to control the next papal succession through his dominant position in Europe. Hamilton's reference to a triple crown and Charles V (1500-1558) referred in part to the facts that Charles succeeded Ferdinand as ruler of Spain and was in line to inherit the kingships of both Italy and Germany, which he eventually did. In parallel fashion, Thomas Wolsey, already a cardinal and archbishop of York (as well as chancellor of England), aspired to the papacy itself through his diplomatic maneuverings with Charles V, who could be expected to control the next papal succession through his dominant position in Europe.

4 (p. 31) [No. 6] (p. 31) [No. 6] The influence which the bigotry of one female, the petulances of another, and the cabals of a third.. have been too often descanted upon not to be generally known: The influence which the bigotry of one female, the petulances of another, and the cabals of a third.. have been too often descanted upon not to be generally known: Francoise d'Aubigne, marquise de Maintenon (1635-1719), Sarah Jennings, the d.u.c.h.ess of Marlborough (1660-1744), and Jeanne-Antoinette Poisson Pompadour (1721-1764) were all women who held political sway through romantic attachment to a powerful male figure. The d.u.c.h.ess of Marlborough was married to General John Churchill, first duke of Marlborough, and also was close to Queen Anne of England. Madame de Maintenon was French King Louis XIV's second wife, and Madame de Pompadour was the mistress of Louis XV All were considered notorious and criticized in their day for wielding improper influence. Francoise d'Aubigne, marquise de Maintenon (1635-1719), Sarah Jennings, the d.u.c.h.ess of Marlborough (1660-1744), and Jeanne-Antoinette Poisson Pompadour (1721-1764) were all women who held political sway through romantic attachment to a powerful male figure. The d.u.c.h.ess of Marlborough was married to General John Churchill, first duke of Marlborough, and also was close to Queen Anne of England. Madame de Maintenon was French King Louis XIV's second wife, and Madame de Pompadour was the mistress of Louis XV All were considered notorious and criticized in their day for wielding improper influence.

5 (p. 32) [No. 6] (p. 32) [No. 6] Pope Julius the Second found means to accomplish that formidable league, which gave a deadly blow to the power and pride of that haughty republio: Pope Julius the Second found means to accomplish that formidable league, which gave a deadly blow to the power and pride of that haughty republio: The League of Cambrai was an alliance of Pope Julius II (1443-1513), the Holy Roman Emperor Maximilian I (1459-1519), the French King Louis XII (1462-1515), and Ferdinand II of Aragon (1452-1516). Together, their forces fought a successful war with the Republic of Venice between 1508 and 1510, winning a major battle, mostly with French troops, at Agnadello in 1509. The League came apart quickly in 1510 when Ferdinand and the Pope switched sides, viewing the victorious French as a greater threat than Venice. Hamilton means to display the viciousness and instability of all European politics. The League of Cambrai was an alliance of Pope Julius II (1443-1513), the Holy Roman Emperor Maximilian I (1459-1519), the French King Louis XII (1462-1515), and Ferdinand II of Aragon (1452-1516). Together, their forces fought a successful war with the Republic of Venice between 1508 and 1510, winning a major battle, mostly with French troops, at Agnadello in 1509. The League came apart quickly in 1510 when Ferdinand and the Pope switched sides, viewing the victorious French as a greater threat than Venice. Hamilton means to display the viciousness and instability of all European politics.

6 (p. 51) [No. 9] (p. 51) [No. 9] In the Lycian confederacy, which consisted of twenty-three CITIES... the largest were ent.i.tled to three votes in the COMMON COUNCIL... the smallest to In the Lycian confederacy, which consisted of twenty-three CITIES... the largest were ent.i.tled to three votes in the COMMON COUNCIL... the smallest to one: The Lycian confederacy, established on the southwestern coast of Asia Minor in 200 B.C., was made up of many small communities; it survived repeated invasions until the Romans conquered it in A.D. 43. The pa.s.sage from one: The Lycian confederacy, established on the southwestern coast of Asia Minor in 200 B.C., was made up of many small communities; it survived repeated invasions until the Romans conquered it in A.D. 43. The pa.s.sage from The Spirit of the Laws The Spirit of the Laws (book 9, chapter 3) by Charles, baron de Montesquieu (1689-1755), which Hamilton quotes a few lines down, talks about the inequality of members in a confederacy, a point Hamilton wanted to contest. Opponents used "the celebrated Montesquieu" to challenge inequalities in a stronger union and to warn that large states would swallow smaller ones. (book 9, chapter 3) by Charles, baron de Montesquieu (1689-1755), which Hamilton quotes a few lines down, talks about the inequality of members in a confederacy, a point Hamilton wanted to contest. Opponents used "the celebrated Montesquieu" to challenge inequalities in a stronger union and to warn that large states would swallow smaller ones.

7 (p. 65) [No. 11] * (p. 65) [No. 11] *Recherches philosophiques sur les Americains: Americans resented the claims of eighteenth-century European scientists that Nature produced inferior species in the New World with its further implications about the American mind. Intellectuals like Franklin and Jefferson spent much time and energy refuting the theory. The member of the group of "profound philosophers" to whom Hamilton sarcastically refers here is the Dutchman Cornelius De Pauw (1739-1799), author of Americans resented the claims of eighteenth-century European scientists that Nature produced inferior species in the New World with its further implications about the American mind. Intellectuals like Franklin and Jefferson spent much time and energy refuting the theory. The member of the group of "profound philosophers" to whom Hamilton sarcastically refers here is the Dutchman Cornelius De Pauw (1739-1799), author of Recherches philosophiques sur les Americains (Philosophical Studies of the Americans); Recherches philosophiques sur les Americains (Philosophical Studies of the Americans); he could as easily have chosen Georges-Louis Leclerc, comte de Buffon (1707-1788), who wrote a multivolume he could as easily have chosen Georges-Louis Leclerc, comte de Buffon (1707-1788), who wrote a multivolume Histoire naturelle, generale Histoire naturelle, generale et et particuliere (Natural History, General and Particular). particuliere (Natural History, General and Particular).

8 (pp. 104-105) [No. 19] (pp. 104-105) [No. 19] In Donawerth, a free and imperial city of the circle of Suabia.... the city was put under the ban of the empire; and the duke of Bavaria.. , . took possession of it in his own name; disarmed and punished the inhabitants, and re-annexed the city to his domains: In Donawerth, a free and imperial city of the circle of Suabia.... the city was put under the ban of the empire; and the duke of Bavaria.. , . took possession of it in his own name; disarmed and punished the inhabitants, and re-annexed the city to his domains: Through the example of an independent city losing its liberty over a pretext, Hamilton shows that a weaker union like a confederation will be more susceptible to internal invasion from one of its parts than a stronger federation. His source for this piece of history, mentioned cryptically in his own note, is Christian Friedrich Pfeffel's Through the example of an independent city losing its liberty over a pretext, Hamilton shows that a weaker union like a confederation will be more susceptible to internal invasion from one of its parts than a stronger federation. His source for this piece of history, mentioned cryptically in his own note, is Christian Friedrich Pfeffel's Nouvel Abrege chronologique de l'histoire et du droit publique d'Allemagne Nouvel Abrege chronologique de l'histoire et du droit publique d'Allemagne (1766; (1766; New Chronological Summary of the History of the Public Law of Germany). New Chronological Summary of the History of the Public Law of Germany).

9 (p. 157) [No. 29] (p. 157) [No. 29] In reading many of the publications against the const.i.tution, a man is apt to imagine that he is perusing some ill written tale or romance... In reading many of the publications against the const.i.tution, a man is apt to imagine that he is perusing some ill written tale or romance... "Gorgons, Hydras, and Chimeras dire": The "ill written tale or romance" that Hamilton quotes here is none other than John Milton's "Gorgons, Hydras, and Chimeras dire": The "ill written tale or romance" that Hamilton quotes here is none other than John Milton's Paradise Lost Paradise Lost (book 2, line 628). The pa.s.sage describes Satan's recently fallen minions in a "universe of death" far worse than any of them could have imagined as they begin to explore their new home, h.e.l.l. (book 2, line 628). The pa.s.sage describes Satan's recently fallen minions in a "universe of death" far worse than any of them could have imagined as they begin to explore their new home, h.e.l.l.

10 (p. 373) [No. 67] (p. 373) [No. 67] the writer who (whatever may be his real merit) has had no inconsiderable share in the applauses of his party.... Let him now be confronted with the evidence of the fact; and let him ... justify or extenuate the shameful outrage he has offered to the dictates of truth, and to the rules of fair dealing: the writer who (whatever may be his real merit) has had no inconsiderable share in the applauses of his party.... Let him now be confronted with the evidence of the fact; and let him ... justify or extenuate the shameful outrage he has offered to the dictates of truth, and to the rules of fair dealing: Hamilton footnotes Hamilton footnotes Cato's Letters Cato's Letters to underscore his criticism of the excesses in anti-federalist propaganda against the Const.i.tution. When John Trenchard and Thomas Gordon began writing their series of anti-authoritarian essays for the to underscore his criticism of the excesses in anti-federalist propaganda against the Const.i.tution. When John Trenchard and Thomas Gordon began writing their series of anti-authoritarian essays for the London Journal London Journal in 1720, they chose the pen name "Cato" after Cato the Younger (95-46 B.C.), the n.o.blest and most disinterestedly patriotic critic of Julius Caesar. Americans of all party affiliations admired and imitated in 1720, they chose the pen name "Cato" after Cato the Younger (95-46 B.C.), the n.o.blest and most disinterestedly patriotic critic of Julius Caesar. Americans of all party affiliations admired and imitated Cato's Letters Cato's Letters because of their high-minded criticisms of unwarranted authority and claims of patriotism. Scholars argue that Trenchard and Gordon were as influential at the time as John Locke in shaping American political rhetoric, and Hamilton owes something of his own design in because of their high-minded criticisms of unwarranted authority and claims of patriotism. Scholars argue that Trenchard and Gordon were as influential at the time as John Locke in shaping American political rhetoric, and Hamilton owes something of his own design in The Federalist The Federalist to this source. The bare reference would have been enough to raise a familiar line of thought in Publius's readers. to this source. The bare reference would have been enough to raise a familiar line of thought in Publius's readers.

11 (p. 379) [No. 68] (p. 379) [No. 68] Though we cannot acquiesce in the political heresy of the poet, who says Though we cannot acquiesce in the political heresy of the poet, who says "For forms of government, let fools contest.... /"That which is best administered is best": The pa.s.sage is from An Essay on Man, by Alexander Pope (1688-1744). Hamilton, no poet, hurts the tonalities by misquoting it. The original reads as follows: "For Forms of Government let fools contest; / Whate'er is best administer'd is best" (epistle 3, lines 303-304). "For forms of government, let fools contest.... /"That which is best administered is best": The pa.s.sage is from An Essay on Man, by Alexander Pope (1688-1744). Hamilton, no poet, hurts the tonalities by misquoting it. The original reads as follows: "For Forms of Government let fools contest; / Whate'er is best administer'd is best" (epistle 3, lines 303-304).

12 (p. 384) [No. 69] (p. 384) [No. 69] Every jurist of that kingdom .. knows that the prerogative of making treaties exists in the crown... independent of any other sanction: Every jurist of that kingdom .. knows that the prerogative of making treaties exists in the crown... independent of any other sanction: Hamilton accurately gauges the absolute powers of the English monarch in contrast to the limited powers proposed for an American president. Hamilton refers here specifically to jurist William Blackstone (1723-1780), who wrote, "The const.i.tution of the kingdom hath entrusted him [the monarch] with the whole executive power of the laws," and that "what is done by the royal authority, with regard to foreign powers, is the act of the whole nation: what is done without the king's concurrence is the act only of private men." See Blackstone, Hamilton accurately gauges the absolute powers of the English monarch in contrast to the limited powers proposed for an American president. Hamilton refers here specifically to jurist William Blackstone (1723-1780), who wrote, "The const.i.tution of the kingdom hath entrusted him [the monarch] with the whole executive power of the laws," and that "what is done by the royal authority, with regard to foreign powers, is the act of the whole nation: what is done without the king's concurrence is the act only of private men." See Blackstone, Commentaries on the Laws of England, Commentaries on the Laws of England, 4 vols. (Oxford: Clarendon Press, 1765-1769), vol. 1, pages 257, 245. 4 vols. (Oxford: Clarendon Press, 1765-1769), vol. 1, pages 257, 245.

13 (p. 394) [No. 70] * (p. 394) [No. 70] *De Lolme: The reference here is to the political philosopher Jean Louis De Lolme (c.1740-1806). The pa.s.sage can be found in De Lolme's The reference here is to the political philosopher Jean Louis De Lolme (c.1740-1806). The pa.s.sage can be found in De Lolme's The Const.i.tution of England, or An Account of the English Government; The Const.i.tution of England, or An Account of the English Government; In which it is compared with the In which it is compared with the Republican Form of Government, Republican Form of Government, and occasionally with the other and occasionally with the other Monarchies in Europe Monarchies in Europe (third edition, London, 1781), page 215. (third edition, London, 1781), page 215.

14 (p. 432) [No. 78] * (p. 432) [No. 78] *Vide Protest of the minority of the convention of Pennsylvania, Martin's speech, &c.: American lawyer Luther Martin (c.1744-1826), an anti-federalist, had walked out of the Const.i.tutional Convention in Philadelphia in protest. His subsequent "Protest of the Convention of Pennsylvania" was delivered during the ratification debate of the Maryland Const.i.tutional Convention on November 29, 1787, and printed in the American lawyer Luther Martin (c.1744-1826), an anti-federalist, had walked out of the Const.i.tutional Convention in Philadelphia in protest. His subsequent "Protest of the Convention of Pennsylvania" was delivered during the ratification debate of the Maryland Const.i.tutional Convention on November 29, 1787, and printed in the Maryland Gazette Maryland Gazette on December 28, 1787. on December 28, 1787.

15 (p. 435) [No. 79] * (p. 435) [No. 79] *Vide Const.i.tution of Ma.s.sachusetts, Chap. 2, Sect.1, Art. 13: This part of the Const.i.tution of Ma.s.sachusetts (1780) calls for "an honorable stated salary, of a fixed and permanent value" for the governor of the state and the justices of the Supreme Court. John Adams (1735-1826) drafted the state's Const.i.tution while he was serving as a delegate to the Ma.s.sachusetts Const.i.tutional Convention. This part of the Const.i.tution of Ma.s.sachusetts (1780) calls for "an honorable stated salary, of a fixed and permanent value" for the governor of the state and the justices of the Supreme Court. John Adams (1735-1826) drafted the state's Const.i.tution while he was serving as a delegate to the Ma.s.sachusetts Const.i.tutional Convention.

16 (p. 478) [No. 84] * (p. 478) [No. 84] *Vide Rutherford's Inst.i.tutes, vol. 2, book II, chap. x, sect. xiv, and xv.... Vide also Grotius, book 11, chap. ix, sect. viii and ix: Hamilton gives the name of the author of the first source incorrectly: It is Thomas Rutherforth. The complete references to these texts are as follows: Thomas Rutherforth's Hamilton gives the name of the author of the first source incorrectly: It is Thomas Rutherforth. The complete references to these texts are as follows: Thomas Rutherforth's Inst.i.tutes of Natural Law; Being the Substance Inst.i.tutes of Natural Law; Being the Substance of a of a Course of Lectures on Grotius de Jure Belli et Pacis Course of Lectures on Grotius de Jure Belli et Pacis (Cambridge: University of Cambridge, 1779), vol. 2, book 2, chapter 10, sections 14 and 15, pages 72-76; and Hugonis Grotii, De (Cambridge: University of Cambridge, 1779), vol. 2, book 2, chapter 10, sections 14 and 15, pages 72-76; and Hugonis Grotii, De Jure Jure Belli et Pacis (Edinburgh: Andreas Anderson, 1707), book 2, chapter 9, section 5, p. 124. Belli et Pacis (Edinburgh: Andreas Anderson, 1707), book 2, chapter 9, section 5, p. 124.

17 (p. 484) [No. 85] (p. 484) [No. 85] The reasons The reasons a.s.signed a.s.signed in an excellent little pamphlet lately published in this in an excellent little pamphlet lately published in this city... city... deliberated, and concluded: deliberated, and concluded: Hamilton's reference to ", an excellent little pamphlet" is to another Publius! The piece in question is John Jay's Hamilton's reference to ", an excellent little pamphlet" is to another Publius! The piece in question is John Jay's An Address to the People of the State of New York, on the Subject of the An Address to the People of the State of New York, on the Subject of the Federal Federal Const.i.tution, Agreed upon at Philadelphia, the 17th of September, 1787 Const.i.tution, Agreed upon at Philadelphia, the 17th of September, 1787 (New York: Samuel and John Loudon, 1788). Jay was probably the single most influential delegate at the New York Convention that ratified the Const.i.tution by a narrow margin. (New York: Samuel and John Loudon, 1788). Jay was probably the single most influential delegate at the New York Convention that ratified the Const.i.tution by a narrow margin.

18 (p. 487) [No. 85] * (p. 487) [No. 85] *Hume's Essays, vol. 1, page 128... The rise of arts and sciences: Hamilton refers here to a book by political philosopher David Hume (1711-1776) called Hamilton refers here to a book by political philosopher David Hume (1711-1776) called Essays, Moral and Political Essays, Moral and Political (Edinburgh: R. Fleming and A. Alison, 1741). There is much scholarly debate over the extent of Hume's influence on Hamilton. (Edinburgh: R. Fleming and A. Alison, 1741). There is much scholarly debate over the extent of Hume's influence on Hamilton.

FOR FURTHER READING Adair, Dougla.s.s. Fame and the Founding Fathers. Fame and the Founding Fathers. Edited by Trevor Colbourn. New York: W.W. Norton, 1974. Edited by Trevor Colbourn. New York: W.W. Norton, 1974.

Allen, W. B., and Gordon Lloyd, eds. The Essential Antifederalist. The Essential Antifederalist. New York: University Press of America, 1985. New York: University Press of America, 1985.

Bailyn, Bernard. The Ideological Origins of the American Revolution. The Ideological Origins of the American Revolution. Cambridge, MA: Harvard University Press, 1967. Cambridge, MA: Harvard University Press, 1967.

Banning, Lance. The Sacred Fire of Liberty: James Madison and the Founding of the Federal Republic. The Sacred Fire of Liberty: James Madison and the Founding of the Federal Republic. Ithaca, NY: Cornell University Press, 1995. Ithaca, NY: Cornell University Press, 1995.

Chernow, Ron. Alexander Hamilton. Alexander Hamilton. New York: Penguin, 2004. New York: Penguin, 2004.

Elkin, Stanley M., and Eric McKitrick. The Age of Federalism. The Age of Federalism. New York: Oxford University Press, 1993. New York: Oxford University Press, 1993.

Epstein, David F. The Political Theory of "The Federalist." The Political Theory of "The Federalist." Chicago: University of Chicago Press, 1984. Chicago: University of Chicago Press, 1984.

Ferguson, Robert A. Reading the Early Republic. Reading the Early Republic. Cambridge, MA: Harvard University Press, 2004. Cambridge, MA: Harvard University Press, 2004.

-. The Enlightenment in America, 1750-1820. The Enlightenment in America, 1750-1820. Cambridge, MA: Harvard University Press, 1997. Cambridge, MA: Harvard University Press, 1997.

Furtw.a.n.gler, Albert. The Authority of Publius: A Reading of "The Federalist Papers. " The Authority of Publius: A Reading of "The Federalist Papers. " Ithaca, NY: Cornell University Press, 1984. Ithaca, NY: Cornell University Press, 1984.

Greene, Jack P., ed. The Reinterpretation of the American Revolution, The Reinterpretation of the American Revolution, 1763-1789. New York: Harper and Row, 1968. 1763-1789. New York: Harper and Row, 1968.

Koch, Adrienne, ed. The American Enlightenment. The American Enlightenment. New York: George Braziller, 1965. New York: George Braziller, 1965.

Lutz, Donald S. The Origins of American Const.i.tutionalism. The Origins of American Const.i.tutionalism. Baton Rouge: Louisiana State University Press, 1988. Baton Rouge: Louisiana State University Press, 1988.

Lutz, Donald S., ed. Colonial Origins of the American Const.i.tution: A Doc.u.mentary History. Colonial Origins of the American Const.i.tution: A Doc.u.mentary History. Indianapolis, IN: Liberty Fund, 1998. Indianapolis, IN: Liberty Fund, 1998.

Main, Jackson Turner. The Antifederalists: Critics of the Const.i.tution, The Antifederalists: Critics of the Const.i.tution, 1781-1788. Chapel Hill: University of North Carolina Press, 1961. 1781-1788. Chapel Hill: University of North Carolina Press, 1961.

May, Henry F. The Enlightenment in America. The Enlightenment in America. New York: Oxford University Press, 1976. New York: Oxford University Press, 1976.

Morris, Richard Brandon. The Forging of the Union, The Forging of the Union, 1781-1789. New York: Harper and Row, 1987. 1781-1789. New York: Harper and Row, 1987.

Potter, Kathleen O. The Federalist's Vision of Popular Sovereignty in the New American Republic. The Federalist's Vision of Popular Sovereignty in the New American Republic. New York: LFB Scholarly Publishing, 2002. New York: LFB Scholarly Publishing, 2002.

Rakove, Jack N. Original Meanings: Politics and Ideas in the Making of the Const.i.tution. Original Meanings: Politics and Ideas in the Making of the Const.i.tution. New York: Alfred A. Knopf, 1996. New York: Alfred A. Knopf, 1996.

Rossiter, Clinton Lawrence. 1787: The Grand Convention. The Grand Convention. New York: Macmillan, 1966. New York: Macmillan, 1966.

Siemers, David J. Ratifying the Republic: Antifederalists and Federalists in Const.i.tutional Time. Ratifying the Republic: Antifederalists and Federalists in Const.i.tutional Time. Stanford, CA: Stanford University Press, 2002. Stanford, CA: Stanford University Press, 2002.

Stahr, Walter. John Jay: Founding Father. John Jay: Founding Father. New York: Hambledon and London, 2005. New York: Hambledon and London, 2005.

White, Morton. The Philosophy of the American Revolution. The Philosophy of the American Revolution. New York: Oxford University Press, 1978. New York: Oxford University Press, 1978.

Wills, Garry. Explaining America: "The Federalist." Explaining America: "The Federalist." Garden City, NY: Doubleday, 1981. Garden City, NY: Doubleday, 1981.

Wood, Gordon S. The Creation of the The Creation of the American American Republic, 1776-1787. Republic, 1776-1787. Chapel Hill: University of North Carolina Press, 1969. Chapel Hill: University of North Carolina Press, 1969.

. The Radicalism of the American Revolution. The Radicalism of the American Revolution. New York: Alfred A. Knopf, 1992. New York: Alfred A. Knopf, 1992.