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Federalist No. 27
The Same Subject Continued:
The Idea of Restraining the Legislative Authority in Regard to
the Common Defense Considered
From the New York Packet.
Tuesday, December 25, 1787.
Author: Alexander Hamilton
To the People of the State of New York:
IT HAS been urged, in different shapes, that a Constitution
of the kind proposed by the convention cannot operate without
the aid of a military force to execute its laws. This, however,
like most other things that have been alleged on that side, rests
on mere general assertion, unsupported by any precise or intelligible
designation of the reasons upon which it is founded. As far as
I have been able to divine the latent meaning of the objectors,
it seems to originate in a presupposition that the people will
be disinclined to the exercise of federal authority in any matter
of an internal nature. Waiving any exception that might be taken
to the inaccuracy or inexplicitness of the distinction between
internal and external, let us inquire what ground there is to
presuppose that disinclination in the people. Unless we presume
at the same time that the powers of the general government will
be worse administered than those of the State government, there
seems to be no room for the presumption of ill-will, disaffection,
or opposition in the people. I believe it may be laid down as
a general rule that their confidence in and obedience to a government
will commonly be proportioned to the goodness or badness of its
administration. It must be admitted that there are exceptions
to this rule; but these exceptions depend so entirely on accidental
causes, that they cannot be considered as having any relation
to the intrinsic merits or demerits of a constitution. These
can only be judged of by general principles and maxims.
Various reasons have been suggested, in the course of these
papers, to induce a probability that the general government will
be better administered than the particular governments; the principal
of which reasons are that the extension of the spheres of election
will present a greater option, or latitude of choice, to the
people; that through the medium of the State legislatures which
are select bodies of men, and which are to appoint the members
of the national Senate there is reason to expect that this branch
will generally be composed with peculiar care and judgment; that
these circumstances promise greater knowledge and more extensive
information in the national councils, and that they will be less
apt to be tainted by the spirit of faction, and more out of the
reach of those occasional ill-humors, or temporary prejudices
and propensities, which, in smaller societies, frequently contaminate
the public councils, beget injustice and oppression of a part
of the community, and engender schemes which, though they gratify
a momentary inclination or desire, terminate in general distress,
dissatisfaction, and disgust. Several additional reasons of considerable
force, to fortify that probability, will occur when we come to
survey, with a more critical eye, the interior structure of the
edifice which we are invited to erect. It will be sufficient
here to remark, that until satisfactory reasons can be assigned
to justify an opinion, that the federal government is likely
to be administered in such a manner as to render it odious or
contemptible to the people, there can be no reasonable foundation
for the supposition that the laws of the Union will meet with
any greater obstruction from them, or will stand in need of any
other methods to enforce their execution, than the laws of the
particular members.
The hope of impunity is a strong incitement to sedition; the
dread of punishment, a proportionably strong discouragement to
it. Will not the government of the Union, which, if possessed
of a due degree of power, can call to its aid the collective
resources of the whole Confederacy, be more likely to repress
the FORMER sentiment and to inspire the LATTER, than that of
a single State, which can only command the resources within itself?
A turbulent faction in a State may easily suppose itself able
to contend with the friends to the government in that State;
but it can hardly be so infatuated as to imagine itself a match
for the combined efforts of the Union. If this reflection be
just, there is less danger of resistance from irregular combinations
of individuals to the authority of the Confederacy than to that
of a single member.
I will, in this place, hazard an observation, which will not
be the less just because to some it may appear new; which is,
that the more the operations of the national authority are intermingled
in the ordinary exercise of government, the more the citizens
are accustomed to meet with it in the common occurrences of their
political life, the more it is familiarized to their sight and
to their feelings, the further it enters into those objects which
touch the most sensible chords and put in motion the most active
springs of the human heart, the greater will be the probability
that it will conciliate the respect and attachment of the community.
Man is very much a creature of habit. A thing that rarely strikes
his senses will generally have but little influence upon his
mind. A government continually at a distance and out of sight
can hardly be expected to interest the sensations of the people.
The inference is, that the authority of the Union, and the affections
of the citizens towards it, will be strengthened, rather than
weakened, by its extension to what are called matters of internal
concern; and will have less occasion to recur to force, in proportion
to the familiarity and comprehensiveness of its agency. The more
it circulates through those channls and currents in which the
passions of mankind naturally flow, the less will it require
the aid of the violent and perilous expedients of compulsion.
One thing, at all events, must be evident, that a government
like the one proposed would bid much fairer to avoid the necessity
of using force, than that species of league contend for by most
of its opponents; the authority of which should only operate
upon the States in their political or collective capacities.
It has been shown that in such a Confederacy there can be no
sanction for the laws but force; that frequent delinquencies
in the members are the natural offspring of the very frame of
the government; and that as often as these happen, they can only
be redressed, if at all, by war and violence.
The plan reported by the convention, by extending the authority
of the federal head to the individual citizens of the several
States, will enable the government to employ the ordinary magistracy
of each, in the execution of its laws. It is easy to perceive
that this will tend to destroy, in the common apprehension, all
distinction between the sources from which they might proceed;
and will give the federal government the same advantage for securing
a due obedience to its authority which is enjoyed by the government
of each State, in addition to the influence on public opinion
which will result from the important consideration of its having
power to call to its assistance and support the resources of
the whole Union. It merits particular attention in this place,
that the laws of the Confederacy, as to the ENUMERATED and LEGITIMATE
objects of its jurisdiction, will become the SUPREME LAW of the
land; to the observance of which all officers, legislative, executive,
and judicial, in each State, will be bound by the sanctity of
an oath. Thus the legislatures, courts, and magistrates, of the
respective members, will be incorporated into the operations
of the national government AS FAR AS ITS JUST AND CONSTITUTIONAL
AUTHORITY EXTENDS; and will be rendered auxiliary to the enforcement
of its laws. [1] Any man
who will pursue, by his own reflections, the consequences of
this situation, will perceive that there is good ground to calculate
upon a regular and peaceable execution of the laws of the Union,
if its powers are administered with a common share of prudence.
If we will arbitrarily suppose the contrary, we may deduce any
inferences we please from the supposition; for it is certainly
possible, by an injudicious exercise of the authorities of the
best government that ever was, or ever can be instituted, to
provoke and precipitate the people into the wildest excesses.
But though the adversaries of the proposed Constitution should
presume that the national rulers would be insensible to the motives
of public good, or to the obligations of duty, I would still
ask them how the interests of ambition, or the views of encroachment,
can be promoted by such a conduct?
PUBLIUS 1.
The sophistry which has been employed to show that this will
tend to the destruction of the State governments, will, in its
will, in its proper place, be fully detected.
Federalist No. 28 -->
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