Federalist/Anti Federalist Papers

Brutus 11

Supreme court would interpret the Constitution according to its own discretion; Judges would be unaccountable; Court could expand federal power through vague clauses.

Brutus 12

Federal courts would override state courts; the system would favor the wealthy and powerful.

Brutus 15

Federal judges would interpret laws in ways the constantly favored national authority; State governments would gradually lose relevance

Brutus 6

Judicial enforcement of supremacy; Courts will expand federal authority over time.

Federal Farmer 6-7

Focuses on military power; Warned that the constitution would give the national government the money and power to maintain a standing army and control the militia.

Federal Farmer 15

Executive power expands during times of crisis; Congress gradually gives up authority; Military force becomes the central tool of national unity.

Cato 3

Discusses legislative dominance and tyranny; Emphasizes the danger of a powerful central legislature.

Cato 15

Lifetime tenure would encourage arrogance and detachment; Judges would interpret the Constitution to suit federal interests rather than popular will.

Essays of the “Federal Republican”

Federal courts would nullify state laws; Supremacy clause, when combined with judicial interpretation, allows judges to reshape governance without elections.

Federalist 21

Discusses interstate tariff disputes; Hamilton explicitly states taxing another’s commerce; tariff wars exposing the article’s failures.

Federalist 22

Structural defects of the A.o.C; Lack of coercive power; Argues that unanimity and state sovereignty undermine national interests.

Federalist 33

About supremacy clause; Hamilton argues supremacy is logical, not dangerous; Supports the distinction between reactive judicial supremacy and Madison’s national negative.

Federalist 44

About Supremacy Clause vs. National Negative; Madison defends national supremacy as necessary but acknowledges concerns.

Federalist 84

About Natural Rights and liberty protections; Echoes Lockean ideas that rights exist prior to government; Supports the use of Locke’s Second Treatise to justify restrained but effective legislative power.

Federalist 28

About the use of force against insurrection; Explicitly defends federal military action to suppress rebellion.