PATIENT
Three essays of 85
WRITTEN
1787–1788, as 'Publius'
AUTHORS
Hamilton, Madison, Jay
KEY IDEAS
Self-government, mixed system, judicial review
CHIEF COMPLAINT
A newspaper campaign from 1787 gets quoted in courtrooms. What do these three essays actually say?
HISTORY OF PRESENT ILLNESS
New York was one of the hardest states to win for the Constitution, so Hamilton organized a series of essays under the name Publius. Madison and Jay joined him, and together they wrote 85. The series was advocacy for ratification, and opponents wrote their own. Three essays carry a lot of weight today: No. 1 sets the stakes, No. 39 describes the kind of government this is, and No. 78 is the source of the argument that courts can overrule laws.
REVIEW OF SYSTEMS
NO. 1
Can people choose a government 'from reflection and choice,' or are they stuck with 'accident and force'?
NO. 39
The Constitution is 'neither a national nor a federal Constitution, but a composition of both.'
NO. 78
The judiciary is the 'least dangerous' branch, with 'neither FORCE nor WILL, but merely judgment.'
REPUBLIC
Madison defines it as government that derives its powers from 'the great body of the people.' That is not the opposite of a democracy.
AUTHORITY
The essays are one side's argument. Courts cite them, and historians still argue about how far to trust them.
PHYSICAL EXAM — STYLE & STRUCTURE
- —The Constitution does not contain the words 'judicial review.' The Supreme Court first used the power in Marbury v. Madison (1803).
- —The House is national (by population). The Senate is federal (two per state). Madison's list still describes the system.
- —Federal judges serve 'during good behavior.' That is long, not unconditional. They can be impeached and removed.
- —Historians disagree about how much the essays influenced ratification at the time.
ASSESSMENT & PLAN
Read each essay's key passage in full before repeating what it 'says.' Every claim is tagged Settled, Disputed or Popular myth with a source, and the live arguments (does the Federalist settle the Constitution's meaning, is it a compact of states, who has the last word) show both sides at equal length in the full Study Guide.