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The Federalist Papers, as a foundation text of constitutional interpretation, are frequently cited by U.S. jurists, but are not law. Of all the essays, No. 78 is the most cited by the justices of the United States Supreme Court. Federalist No. 78 quotes Montesquieu: "Of the three powers [...], the judiciary is next to nothing." There was little ...
The Federalist Papers is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as The Federalist until the name The Federalist Papers emerged in the ...
Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property. [91] Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78.
Direct taxation by the federal government was widely unpopular, and the government's revenue under Washington had mostly come from excise taxes and tariffs. Though Washington had maintained a balanced budget with the help of a growing economy, increased military expenditures threatened to cause major budget deficits, and Hamilton, Wolcott, and ...
While the Federalist movement of the 1780s and the Federalist Party were distinct entities, they were related in more than just a common name. The Jeffersonian or Democratic-Republican Party , the opposition to the Federalist Party, emphasized the fear that a strong national government was a threat to the liberties of the people.
The Anti-Federalist papers failed to halt the ratification of the Constitution but they succeeded in influencing the first assembly of the United States Congress to draft the Bill of Rights. [2] These works were authored primarily by anonymous contributors using pseudonyms such as " Brutus " and the " Federal Farmer ."
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In Federalist No. 78, Alexander Hamilton stated that the federal courts are the natural and proper forum for determining such legal issues: "The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law.