Federalist No. 17 by Alexander Hamilton (1787)

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Federalist Number (No.) 17 (1787) is an essay by British-American politician Alexander Hamilton arguing for the ratification of the United States Constitution. The full title of the essay is "The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union." It was written as part of a series of essays collected and published in 1788 as The Federalist and later known as The Federalist Papers. These essays were written by Alexander Hamilton, James Madison, and John Jay. They argued for ratification of the United States Constitution as a replacement for the Articles of Confederation.

HIGHLIGHTS

Author: Alexander Hamilton

Source: Originally published in the Independent Journal on December 5, 1787. Republished in 1788 as part of the collection The Federalist, now referred to as The Federalist Papers.

Abstract: Hamilton argues that states have the greatest ability to maintain order among citizens.

Background of the author

Alexander Hamilton (c. 1755-1804) was a British-American politician, lawyer, and military officer. He was a delegate to the Constitutional Convention of 1787 and is considered a Founding Father of the United States. Below is a summary of Hamilton's career:

• 1775-1777: Officer in the New York Provincial Artillery Company
• 1777-1782: Officer in the Continental Army
  • Including service as an adviser to General George Washington
• 1787: Delegate to the Constitutional Convention in Philadelphia, Pa.
• 1787-1788: Author of 51 of the 85 essays in The Federalist Papers
• 1789-1795: First secretary of the treasury of the United States

Full text of Advantage of The Insufficiency of the Present Confederation to Preserve the Union

The full text of Federalist No. 17 reads as follows:

“ To the People of the State of New York: AN OBJECTION, of a nature different from that which has been stated and answered, in my last address, may perhaps be likewise urged against the principle of legislation for the individual citizens of America. It may be said that it would tend to render the government of the Union too powerful, and to enable it to absorb those residuary authorities, which it might be judged proper to leave with the States for local purposes. Allowing the utmost latitude to the love of power which any reasonable man can require, I confess I am at a loss to discover what temptation the persons intrusted with the administration of the general government could ever feel to divest the States of the authorities of that description. The regulation of the mere domestic police of a State appears to me to hold out slender allurements to ambition. Commerce, finance, negotiation, and war seem to comprehend all the objects which have charms for minds governed by that passion; and all the powers necessary to those objects ought, in the first instance, to be lodged in the national depository. The administration of private justice between the citizens of the same State, the supervision of agriculture and of other concerns of a similar nature, all those things, in short, which are proper to be provided for by local legislation, can never be desirable cares of a general jurisdiction. It is therefore improbable that there should exist a disposition in the federal councils to usurp the powers with which they are connected; because the attempt to exercise those powers would be as troublesome as it would be nugatory; and the possession of them, for that reason, would contribute nothing to the dignity, to the importance, or to the splendor of the national government. But let it be admitted, for argument's sake, that mere wantonness and lust of domination would be sufficient to beget that disposition; still it may be safely affirmed, that the sense of the constituent body of the national representatives, or, in other words, the people of the several States, would control the indulgence of so extravagant an appetite. It will always be far more easy for the State governments to encroach upon the national authorities than for the national government to encroach upon the State authorities. The proof of this proposition turns upon the greater degree of influence which the State governments if they administer their affairs with uprightness and prudence, will generally possess over the people; a circumstance which at the same time teaches us that there is an inherent and intrinsic weakness in all federal constitutions; and that too much pains cannot be taken in their organization, to give them all the force which is compatible with the principles of liberty. The superiority of influence in favor of the particular governments would result partly from the diffusive construction of the national government, but chiefly from the nature of the objects to which the attention of the State administrations would be directed. It is a known fact in human nature, that its affections are commonly weak in proportion to the distance or diffusiveness of the object. Upon the same principle that a man is more attached to his family than to his neighborhood, to his neighborhood than to the community at large, the people of each State would be apt to feel a stronger bias towards their local governments than towards the government of the Union; unless the force of that principle should be destroyed by a much better administration of the latter. This strong propensity of the human heart would find powerful auxiliaries in the objects of State regulation. The variety of more minute interests, which will necessarily fall under the superintendence of the local administrations, and which will form so many rivulets of influence, running through every part of the society, cannot be particularized, without involving a detail too tedious and uninteresting to compensate for the instruction it might afford. There is one transcendant advantage belonging to the province of the State governments, which alone suffices to place the matter in a clear and satisfactory light,--I mean the ordinary administration of criminal and civil justice. This, of all others, is the most powerful, most universal, and most attractive source of popular obedience and attachment. It is that which, being the immediate and visible guardian of life and property, having its benefits and its terrors in constant activity before the public eye, regulating all those personal interests and familiar concerns to which the sensibility of individuals is more immediately awake, contributes, more than any other circumstance, to impressing upon the minds of the people, affection, esteem, and reverence towards the government. This great cement of society, which will diffuse itself almost wholly through the channels of the particular governments, independent of all other causes of influence, would insure them so decided an empire over their respective citizens as to render them at all times a complete counterpoise, and, not unfrequently, dangerous rivals to the power of the Union. The operations of the national government, on the other hand, falling less immediately under the observation of the mass of the citizens, the benefits derived from it will chiefly be perceived and attended to by speculative men. Relating to more general interests, they will be less apt to come home to the feelings of the people; and, in proportion, less likely to inspire an habitual sense of obligation, and an active sentiment of attachment. The reasoning on this head has been abundantly exemplified by the experience of all federal constitutions with which we are acquainted, and of all others which have borne the least analogy to them. Though the ancient feudal systems were not, strictly speaking, confederacies, yet they partook of the nature of that species of association. There was a common head, chieftain, or sovereign, whose authority extended over the whole nation; and a number of subordinate vassals, or feudatories, who had large portions of land allotted to them, and numerous trains of INFERIOR vassals or retainers, who occupied and cultivated that land upon the tenure of fealty or obedience, to the persons of whom they held it. Each principal vassal was a kind of sovereign, within his particular demesnes. The consequences of this situation were a continual opposition to authority of the sovereign, and frequent wars between the great barons or chief feudatories themselves. The power of the head of the nation was commonly too weak, either to preserve the public peace, or to protect the people against the oppressions of their immediate lords. This period of European affairs is emphatically styled by historians, the times of feudal anarchy. When the sovereign happened to be a man of vigorous and warlike temper and of superior abilities, he would acquire a personal weight and influence, which answered, for the time, the purpose of a more regular authority. But in general, the power of the barons triumphed over that of the prince; and in many instances his dominion was entirely thrown off, and the great fiefs were erected into independent principalities or States. In those instances in which the monarch finally prevailed over his vassals, his success was chiefly owing to the tyranny of those vassals over their dependents. The barons, or nobles, equally the enemies of the sovereign and the oppressors of the common people, were dreaded and detested by both; till mutual danger and mutual interest effected a union between them fatal to the power of the aristocracy. Had the nobles, by a conduct of clemency and justice, preserved the fidelity and devotion of their retainers and followers, the contests between them and the prince must almost always have ended in their favor, and in the abridgment or subversion of the royal authority. This is not an assertion founded merely in speculation or conjecture. Among other illustrations of its truth which might be cited, Scotland will furnish a cogent example. The spirit of clanship which was, at an early day, introduced into that kingdom, uniting the nobles and their dependants by ties equivalent to those of kindred, rendered the aristocracy a constant overmatch for the power of the monarch, till the incorporation with England subdued its fierce and ungovernable spirit, and reduced it within those rules of subordination which a more rational and more energetic system of civil polity had previously established in the latter kingdom. The separate governments in a confederacy may aptly be compared with the feudal baronies; with this advantage in their favor, that from the reasons already explained, they will generally possess the confidence and good-will of the people, and with so important a support, will be able effectually to oppose all encroachments of the national government. It will be well if they are not able to counteract its legitimate and necessary authority. The points of similitude consist in the rivalship of power, applicable to both, and in the CONCENTRATION of large portions of the strength of the community into particular DEPOSITS, in one case at the disposal of individuals, in the other case at the disposal of political bodies. A concise review of the events that have attended confederate governments will further illustrate this important doctrine; an inattention to which has been the great source of our political mistakes, and has given our jealousy a direction to the wrong side. This review shall form the subject of some ensuing papers. PUBLIUS. ”

Background of the Federalist Papers

The Federalist Papers are the 85 articles and essays James Madison, Alexander Hamilton, and John Jay published arguing for the ratification of the U.S. Constitution and the full replacement of the Articles of Confederation. All three writers published their papers under the collective pseudonym Publius between 1787-1788.

The Articles of Confederation were an agreement among the original thirteen states in the United States to unite under a central government consisting of the Continental Congress. The Continental Congress proposed the Articles in 1777, and they became effective in March 1781.

The Articles primarily authorized the national government to govern diplomatic foreign relations and regulate and fund the Continental Army. Under the Articles, the Continental Congress lacked the power to levy taxes and could only request funds from the states. The inability of the national government to raise money caused the government to default on pension payments to former Revolutionary War soldiers and other financial obligations, resulting in unrest. Shay's Rebellion was a prominent example of unrest related to the weakness of the central government and the Continental Congress' inability to fulfill its obligations.

The Constitutional Convention of 1787 was convened to solve the problems related to the weak national government. Federalists, including James Madison, Alexander Hamilton, and John Jay, advocated for a completely new government under the United States Constitution. They rejected the Articles of Confederation as a weak governing document that needed fully replaced. The federalists thought the strengthened national government could help protect individual rights from factional conflicts at the state and local levels. They argued the Constitution would strengthen the federal government enough to allow for effective governance but not enough to infringe on the rights of individuals.

Anti-federalists like Patrick Henry, Melancton Smith, and George Clinton argued that the national government proposed under the Constitution would be too powerful and would infringe on individual liberties. They thought the Articles of Confederation needed to be amended, not replaced.

Full list of Federalist Papers

The following is a list of individual essays that were collected and published in 1788 as The Federalist and later known as The Federalist Papers. These essays were written by Alexander Hamilton, James Madison, and John Jay. They argued for ratification of the United States Constitution as a replacement for the Articles of Confederation.

The Federalist Papers
Number	Subject	Author
No 1	General Introduction	Hamilton
No 2	Concerning Dangers from Foreign Force and Influence	Jay
No 3	Concerning Dangers From Foreign Force and Influence (con't)	Jay
No 4	Concerning Dangers From Foreign Force and Influence (con't)	Jay
No 5	Concerning Dangers From Foreign Force and Influence (con't)	Jay
No 6	Concerning Dangers from Dissensions Between the States	Hamilton
No 7	Concerning Dangers from Dissensions Between the States (con't)	Hamilton
No 8	The Consequences of Hostilities Between the States	Hamilton
No 9	The Union as a Safeguard Against Domestic Faction and Insurrection	Hamilton
No 10	The Union as a Safeguard Against Domestic Faction and Insurrection (con't)	Madison
No 11	The Utility of the Union in Respect to Commercial Relations and a Navy	Hamilton
No 12	The Utility of the Union In Respect to Revenue	Hamilton
No 13	Advantage of the Union in Respect to Economy in Government	Hamilton
No 14	Objections to the Proposed Constitution From Extent of Territory Answered	Madison
No 15	The Insufficiency of the Present Confederation to Preserve the Union	Hamilton
No 16	The Insufficiency of the Present Confederation to Preserve the Union (con't)	Hamilton
No 17	The Insufficiency of the Present Confederation to Preserve the Union (con't)	Hamilton
No 18	The Insufficiency of the Present Confederation to Preserve the Union (con't)	Hamilton and Madison
No 19	The Insufficiency of the Present Confederation to Preserve the Union (con't)	Hamilton and Madison
No 20	The Insufficiency of the Present Confederation to Preserve the Union (con't)	Hamilton and Madison
No 21	Other Defects of the Present Confederation	Hamilton
No 22	Other Defects of the Present Confederation (con't)	Hamilton
No 23	The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union	Hamilton
No 24	The Powers Necessary to the Common Defense Further Considered	Hamilton
No 25	The Powers Necessary to the Common Defense Further Considered (con't)	Hamilton
No 26	The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered	Hamilton
No 27	The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered (con't)	Hamilton
No 28	The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered (con't)	Hamilton
No 29	Concerning the Militia	Hamilton
No 30	Concerning the General Power of Taxation	Hamilton
No 31	Concerning the General Power of Taxation (con't)	Hamilton
No 32	Concerning the General Power of Taxation (con't)	Hamilton
No 33	Concerning the General Power of Taxation (con't)	Hamilton
No 34	Concerning the General Power of Taxation (con't)	Hamilton
No 35	Concerning the General Power of Taxation (con't)	Hamilton
No 36	Concerning the General Power of Taxation (con't)	Hamilton
No 37	Concerning the Difficulties of the Convention in Devising a Proper Form of Government	Madison
No 38	The Same Subject Continued, and the Incoherence of the Objections to the New Plan Exposed	Madison
No 39	The Conformity of the Plan to Republican Principles	Madison
No 40	The Powers of the Convention to Form a Mixed Government Examined and Sustained	Madison
No 41	General View of the Powers Conferred by The Constitution	Madison
No 42	The Powers Conferred by the Constitution Further Considered	Madison
No 43	The Powers Conferred by the Constitution Further Considered (con't)	Madison
No 44	Restrictions on the Authority of the Several States	Madison
No 45	The Alleged Danger From the Powers of the Union to the State Governments Considered	Madison
No 46	The Influence of the State and Federal Governments Compared	Madison
No 47	The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts	Madison
No 48	These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other	Madison
No 49	Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention	Hamilton and Madison
No 50	Periodical Appeals to the People Considered	Hamilton and Madison
No 51	The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments	Hamilton and Madison
No 52	The House of Representatives	Hamilton and Madison
No 53	The House of Representatives (con't)	Hamilton and Madison
No 54	The Apportionment of Members Among the States	Hamilton and Madison
No 55	The Total Number of the House of Representatives	Hamilton and Madison
No 56	The Total Number of the House of Representatives (con't)	Hamilton and Madison
No 57	The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Considered in Connection with Representation	Hamilton and Madison
No 58	Objection That The Number of Members Will Not Be Augmented as the Progress of Population Demands Considered	Madison
No 59	Concerning the Power of Congress to Regulate the Election of Members	Hamilton
No 60	Concerning the Power of Congress to Regulate the Election of Members (con't)	Hamilton
No 61	Concerning the Power of Congress to Regulate the Election of Members (con't)	Hamilton
No 62	The Senate	Hamilton and Madison
No 63	The Senate (con't)	Hamilton and Madison
No 64	The Powers of the Senate	Jay
No 65	The Powers of the Senate (con't)	Hamilton
No 66	Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered	Hamilton
No 67	The Executive Department	Hamilton
No 68	The Mode of Electing the President	Hamilton
No 69	The Real Character of the Executive	Hamilton
No 70	The Executive Department Further Considered	Hamilton
No 71	The Duration in Office of the Executive	Hamilton
No 72	The Same Subject Continued, and Re-Eligibility of the Executive Considered	Hamilton
No 73	The Provision For The Support of the Executive, and the Veto Power	Hamilton
No 74	The Command of the Military and Naval Forces, and the Pardoning Power of the Executive	Hamilton
No 75	The Treaty-Making Power of the Executive	Hamilton
No 76	The Appointing Power of the Executive	Hamilton
No 77	The Appointing Power Continued and Other Powers of the Executive Considered	Hamilton
No 78	The Judiciary Department	Hamilton
No 79	The Judiciary (con't)	Hamilton
No 80	The Powers of the Judiciary	Hamilton
No 81	The Judiciary Continued, and the Distribution of the Judicial Authority	Hamilton
No 82	The Judiciary Continued	Hamilton
No 83	The Judiciary Continued in Relation to Trial by Jury	Hamilton
No 84	Certain General and Miscellaneous Objections to the Constitution Considered and Answered	Hamilton
No 85	Concluding Remarks	Hamilton

See also

• Federalism
• Federalist Papers
• Anti-Federalist papers

External links

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Footnotes

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