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Subject Area: Economics
Topic: Money and Banking
Subject Area: Political Theory
Topic: The American Revolution and Constitution

brief of argument on the constitution of the united states - Alexander Hamilton, The Works of Alexander Hamilton, (Federal Edition), vol. 2 [1788]

Edition used:

The Works of Alexander Hamilton, ed. Henry Cabot Lodge (Federal Edition) (New York: G.P. Putnam’s Sons, 1904). In 12 vols. Vol. 2.

Part of: The Works of Alexander Hamilton, (Federal Edition), 12 vols.

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brief of argument on the constitution of the united states

1788

  • A
    • I. A republic, a word used in various senses. Has been applied to aristocracies and monarchies.
      • 1. To Rome, under the kings.
      • 2. To Sparta, though a Senate for life.
      • 3. To Carthage, though the same.
      • 4. To United Netherlands, though Stadtholder, hereditary nobles.
      • 5. To Poland, though aristocracy and monarchy.
      • 6. To Great Britain, though monarchy, etc.
    • II. Again, great confusion about the words democracy, aristocracy, monarchy.
      • 1.
        • a. Democracy defined by some, Rousseau, etc., a government exercised by the collective body of the people.
        • b. Delegation of their power has been made the criterion of aristocracy.
      • 2. Aristocracy has been used to designate governments.
        • a. Where an independent few possessed sovereignty.
        • b. Where the representatives of the people possessed it.
      • 3.Monarchy, where sovereignty in the hands of a single man.☞ General idea—Independent in his situation; in any other sense would apply to State of New York.
    • III. Democracy in my sense, where the whole power of the government in the people.
      • 1. Whether exercised by themselves, or
      • 2. By their representatives, chosen by them either mediately or immediately and legally accountable to them.
    • IV. Aristocracy, where whole sovereignty is permanently in the hands of a few for life or hereditary.
    • V. Monarchy, where the whole sovereignty is in the hands of one man for life or hereditary.
    • VI. Mixed government, where these three principles unite.
  • B.
    • I.Consequence, the proposed government a representative democracy.
      • 1. House of Representatives directly chosen by the people for two years.
      • 2. Senate indirectly chosen by them for six years.
      • 3. President indirectly chosen by them for four years.
      • ☞ Thus legislative and executive representatives of the people.
      • 4. Judicial power, representatives of the people indirectly chosen during good behavior.
      • 5.All officers indirect choice of the people.Ⅾ Constitution revocable and alterable by the people.
  • C.
    • I. This representative democracy as far as is consistent with its genius has all the features of good government. These features are:
      • 1. An immediate and operative representation of the people, which is found in the House of Representatives.
      • 2. Stability and wisdom, which is found in the Senate.
      • 3. A vigorous executive, which is found in the President.
      • 4.An independent judicial, which is found in the Supreme Court, etc.☞ A separation of the essential powers of government. Ascertain the sense of the maxim:One department must not wholly possess the powers of another. Montesquieu.= British Government.
    • II. Departments of power must be separated, yet so as to check each other.
      • 1. Legislative.
      • 2. Legislative executive.
      • 3. Judicial legislative.
      • 4.Legislative judicial.☞ All this done in the proposed Constitution.
      • 1. Legislative in the Congress, yet checked by negative of the executive.
      • 2. Executive in the President, yet checked by impeachment of Congress.
      • 3. Judicial check upon legislative, or interpretation of laws.
      • 4. And checked by legislative through impeachment.
  • D.
    • I. Can such a government apply to so extensive a territory?
    • II. Despotic government for a large country to be examined.

Review

  • I. Full House of Representatives chosen every second year, etc.
  • II. Senate for six years by Legislatures.
    • Rotation every two years.
    • Probable increase.
  • III. Executive manner of appointment.
    • Compensation.
    • Negotiation of treaties.
    • Nomination of officers.
  • IV. Judicial power. Constitution of judges.
    • Extent of powers.
    • Inferior courts.
    • Trial by jury.
    • Criminal cases.

Powers

  • I. To provide revenue for the common defence.
  • II. To regulate commerce.
  • III. To declare war.
  • IV. To raise and support armies.
  • V. Admission of new States.
  • VI. Disposal of property.

Miscellaneous Advantages

  • I. To prohibit importation of slaves prior to 1808.
  • II. Account to be rendered of expenditure of moneys.
  • III. No State shall emit bills of credit under ex-post-facto law, or law impairing the obligation of contracts, or grant title of nobility.
  • IV. Definition of treason.
  • V. Guaranty of republican governments.