Dismemberment, dissolution, and the Constitution—celebrating the 238th anniversary of Federalist Paper No. 2
Over two hundred years ago this month, the New York newspapers began publishing what is now known as The Federalist Papers. Led by Alexander Hamilton, The Federalist Papers included a series of 85 polemical essays written to convince New Yorkers to support the Constitution and the preservation of the Union.
While today is a spooky holiday, known for its ostentatious costumes and assortments of candies and treats, October 31 is another important day in history—it marks the 238th anniversary of Federalist Paper No. 2.
Even though this may seem like an insignificant event in time, this single essay comprises part of the introduction to the entirety of The Federalist Papers—for without these essays, we would not be where we are today.
The Need for The Federalist Papers
Since the colonists had recently rebelled against the British monarchy, the thought of a new government scared them.
The states had just fought a bloody war for freedom, and the idea of ratifying a constitution that was created and signed behind closed doors did not sound appealing by any means. However, the government created under the Articles of Confederation failed to provide the necessary force and protection the people needed. So, the Federalists had work to do.
During a tumultuous time in American history, Hamilton gathered James Madison and John Jay to assist with accomplishing an important task: publishing detailed arguments in favor of ratifying the Constitution in a crucial state. At first, Hamilton asked Gouverneur Morris, one of the chief architects of the Constitution, to assist with writing, but Morris declined.
The current form of government under the Articles of Confederation was insufficient, and there were several external and internal threats to the new union, namely foreign enemies and factions. A government was needed, but the Articles were thrown together without much thought or deliberation, leading to the tariff wars, a weak executive, and lack of military strength.
Something needed to change quickly or the colonies would risk being captured by foreign enemies or succumbing to internal skirmishes, civil war, and dissolution—which Hamilton warned about in his comments after the Constitutional Convention in 1787.
Under the pseudonym “Publius,” The Federalist Papers advocated for four key principles: reasonableness, common sense, the common good, and constitutional limits on power. Publius believed that through deliberation and reflection, the American people would choose a more “energetic” republican government as an alternative to the failing Articles.
Naturally, there were some people afraid of losing representation, experiencing mob rule, and being silenced by the government—and yet, Publius debunked faulty views of representation, instilling a realistic view for the states. But before addressing the fears associated with representation, Publius addressed two reasons to maintain the Union: providence and experienced men.
Necessity of the Union
Alexander Hamilton began the series with the following assertion in Federalist No. 1: “…it will be equally forgotten that the vigor of government is essential to the security of liberty; that, in the contemplation of a sound and well-informed judgment, their interest can never be separated.”
Government is instituted for the “security of liberty” and the preservation of rights, not to infringe liberty and violate rights, as many government actions have over the years. While the government often has mistaken its responsibility and failed to uphold these rights, it is still intended to serve the people, not act as a tyrant.
To secure liberty and defend against impending threats, the people needed to ratify the Constitution. Dissolution was a real threat in 1787. The unification of the states was necessary—and “the prosperity of the people of America depended on their continuing firmly united,” John Jay wrote in Federalist No. 2.
Many had fought “side by side throughout a long and bloody war” to nobly establish “general liberty and independence” and protect the abundant lands, which appeared to be “the design of Providence.”
Because the government was necessary for the preservation of the union, Jay writes, “the people must cede to [the government] some of their natural rights in order to vest [the government] with requisite powers” (emphasis added).
While the thought of ceding rights seemed scary, especially following the American Revolution, this was necessary for the preservation of the Union. Unless the Constitution was ratified, the states would be “dismembered” into “a number of unsocial, jealous, and alien sovereignties,” and the revolution would have been for nothing.
The members of the Constitutional Convention, Jay articulated, would be “distinguished by their patriotism, virtue, and wisdom, in times which tried the minds and hearts of men.” Public liberty and prosperity were at the forefront of their minds—and each article and section was added with great care.
Even though the Constitution was drafted behind the closed doors of the Pennsylvania State House, the people were not expected to accept it blindly. Just as the delegates deliberated the Constitution, so would the people—that’s why the Federalist and Anti-Federalist papers were written.
Through “sedate and candid consideration, which the magnitude and importance of the subject demanded,” the states could decide whether the Constitution and Union were necessary—and they did.
A more perfect union
The Constitution was eventually ratified on June 21, 1788. While the Anti-Federalists are largely to thank for the addition of the Bill of Rights three years later, we would not have the Constitution and its all-important structure without the fortitude and intellectual prowess of Publius and the delegates to the Constitutional Convention in 1787.
In particular, the founders were avid students of history, philosophy, and religion—and their depth of knowledge and wisdom informed the republican system we have today. We owe the structure of our government to their faithful study, deliberation, and expertise, especially the separation of powers—a new advancement in political science, as Hamilton would later write.
And here at Pacific Legal Foundation, we believe in individual liberty. The structure of our government is worth preserving for that reason—and we are committed to ensuring that all Americans have the equal opportunity to experience the blessings of liberty that our Constitution provides.
On this spooky American holiday, we can celebrate that our Union has been preserved and that we have been spared from the dismemberment and dissolution Hamilton warned against. Thankfully, there are no tricks, only treats—a more perfect union.
