Federalist Papers 31-40

Briefing: Federalist Papers 31-40

Main Themes:

• Necessity and Justification of Taxation Power for the Federal Government: Papers 31-36 focus on demonstrating why the Union needs an independent and "unconfined" power of taxation, primarily through the lens of national defense and providing for unforeseen contingencies.

• Concurrent Jurisdiction: Hamilton argues for the practicality of concurrent jurisdiction between the states and the federal government on taxation (excluding imposts), showcasing its theoretical and historical validity.

• Republican Nature of the Proposed Government: Papers 37-40 shift to addressing concerns regarding the republican nature of the proposed government, highlighting the careful balance between federal and national features within its framework.

• Defense of the Convention's Actions: Madison defends the convention against accusations of exceeding its authority, emphasizing the dire circumstances, the public's expectation for reform, and the ultimately recommendatory nature of their proposal.

Key Ideas and Facts:

Federalist 31-36 (Hamilton):

• Unlimited Needs, Unlimited Power: The federal government's responsibility for national defense and unforeseen crises necessitates an "unconfined" power of taxation to meet potentially unlimited needs.

• "As the duties of superintending the national defense...involve a provision for casualties and dangers to which no possible limits can be assigned, the power of making that provision ought to know no other bounds than the exigencies of the nation and the resources of the community." (Federalist 31)

• Concurrent Jurisdiction is Practical: Concurrent taxation power, barring imposts, allows both the federal government and states to function effectively, minimizing potential conflicts while ensuring sufficient resources for both levels.

• "The necessity of a concurrent jurisdiction in certain cases results from the division of the sovereign power..." (Federalist 32)

• "Necessary and Proper" Clause is Harmless: The clause granting Congress power to make laws "necessary and proper" for executing its powers is merely declaratory and doesn't grant any new powers beyond those explicitly outlined in the Constitution.

• "The declaration itself, though it may be chargeable with tautology or redundancy, is at least perfectly harmless." (Federalist 33)

• Taxation Expertise Lies with Federal Government: The complex nature of taxation demands a broad understanding of national economics and diverse interests, making the federal government a more appropriate authority than individual states.

• "There is no part of the administration of government that requires extensive information and a thorough knowledge of the principles of political economy, so much as the business of taxation." (Federalist 35)

Federalist 37-40 (Madison):

• Challenges of Balancing Liberty and Stability: The difficulty of creating a government that ensures both liberty and stability, particularly while reconciling federal and national elements, is acknowledged.

• "Among the difficulties encountered by the convention, a very important one must have lain in combining the requisite stability and energy in government, with the inviolable attention due to liberty and to the republican form." (Federalist 37)

• Imperfection is Expected: Given the complexity of the task and the novelty of the situation, the proposed Constitution cannot be expected to be flawless.

• "It is a misfortune, inseparable from human affairs, that public measures are rarely investigated with that spirit of moderation which is essential to a just estimate of their real tendency to advance or obstruct the public good..." (Federalist 37)

• Constitution is a "Composition" of Federal and National: The Constitution is neither purely federal nor national, but rather a calculated blend of both, addressing the need for a stronger national government while preserving states' rights.

• "The proposed Constitution, therefore, is, in strictness, neither a national nor a federal Constitution, but a composition of both." (Federalist 39)

• Convention Acted Within its Mandate: The convention acted appropriately by proposing a government that addressed the nation's critical needs, even if it meant deviating slightly from their initial instructions. The ultimate judgment, however, rests with the people.

• "It is time now to recollect that the powers were merely advisory and recommendatory..." (Federalist 40)

• Rejecting Good Advice is Unwise: Even if the convention had exceeded its authority, the focus should be on the quality and merit of the proposed Constitution, not its source.

• "The prudent inquiry, in all cases, ought surely to be, not so much FROM WHOM the advice comes, as whether the advice be GOOD." (Federalist 40)

Important Quotes:

• Federalist 32: "This exclusive delegation, or rather this alienation, of State sovereignty, would only exist in three cases..."

• Federalist 33: "This simple train of inquiry furnishes us at once with a test by which to judge of the true nature of the clause complained of."

• Federalist 37: "The faculties of the mind itself have never yet been distinguished and defined, with satisfactory precision...The boundaries between the great kingdom of nature...afford another illustration of the same important truth."

• Federalist 38: "A patient who finds his disorder daily growing worse...selects and calls in such of them as he judges most capable of administering relief..."

• Federalist 39: "If we resort for a criterion to the different principles on which different forms of government are established, we may define a republic to be..."

• Federalist 40: "They were to frame a NATIONAL GOVERNMENT, adequate to the EXIGENCIES OF GOVERNMENT, and OF THE UNION; and to reduce the articles of Confederation into such form as to accomplish these purposes."

Overall, these Federalist Papers provide a robust defense of the proposed Constitution's taxation powers and its adherence to republican principles. They highlight the delicate balancing act between federal and national features, emphasizing the convention's responsible and measured approach in devising a government capable of securing the nation's future.