Federalist Essay #86: The Lost Essay David Fan Mr. Cooper P-7 To the People of the State of New York Our country needs a Constitution. The Constitution divides power and creates a more effective government. It creates a representative legislature, the office of President, a system of courts, and a process for adding amendments. The flexibility and the strength of the Constitution will be a beacon of light for our leaders. We must pass the Constitution. The goal of the Constitution is to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity. Without a Constitution, our Government will not have structure. Government will likely become arbitrary and have no restriction. The Constitution defines the government, and its branches and their duties, explains how those positions are filled, and sets limits on what the government can do. It fixes all the problems encountered before with monarchy. Before, in England, the king and queen were the law. Over time, their powers became restricted by laws. Now that our country is independent, we require some sort of structure. This structure is detailed in the Constitution, which specifies rights and responsibilities at various levels. The danger of our democratic government is that the majority may try to limit or deny the rights of the minority. That’s what happened with us against the British. This is the fear that keeps you from approving the Constitution. On the contrary, this cannot happen under the Constitution. We do not want this to occur in the future in the USA. Government must not be permitted to do certain things; its power must be limited. Article I lists the powers denied to Congress, expresses the limits of our government most clearly. For example, government cannot arrest people without charges or punish people without a trial. The way our system of government works is called Federalism. In this system, the national government and the states share power. This relates to popular sovereignty. The USA has many different people, who have different needs. Allowing states to have its own government, the Constitution gives Americans the freedom to provide for their own needs. We divided power of government into three types; enumerated, reserved and concurrent. Enumerated powers are those powers the Constitution specifically gives to national government like maintaining an army. Reserved powers are those the Constitution gives to the states like regulating trade. Concurrent powers are those that the national and state governments share like collecting taxes. The Constitution creates a more effective government because it separates the roles and functions of government into three branches; legislative, executive and judicial. This idea came from a French person named Montesquieu. Montesquieu’s reasoning for this was to ensure that no man shall fear another. No branch of government will be more powerful than others under the Constitution. This is because of a system called checks and balances. Checks and balances encourage each branch to fulfill its obligations for the people, but also ensure that no branch will act selfishly. Each branch’s roles, powers and limitations are described in the first 3 articles. The executive branch is to propose policy,
carry out laws, and make treaties. The legislative branch makes laws, and the judicial branch interprets the law. While the legislative branch makes laws, the executive branch can veto legislation, and the judicial branch can declare laws unconstitutional. Similarly, the legislative branch can override the veto, impeach the President, and reject presidential appointments as well as refuse to approve treaties. The legislative branch can also impeach judges and reject the appointment of judges.
Government under the Constitution rules with reason. Before, government ruled like authoritarians, treating people like cattle. This is exactly why you feared the Constitution, but you have no reason to fear. This way of governing takes into account that common people are rational beings! Men will be forced to think for themselves under the Constitution. Nothing but good will come. Government will take into account its people’s desires, and therefore government will be as synergistic to the people as possible. Cast away all fears, and think about how much better it would be if government were structured, but in a way where men can be free? You will come to realize that the fear of being oppressed will lead to you oppressing yourselves. Sincerely, Publius