The Federalist Papers · Chapter
Endnotes explained
This chapter contains the endnotes and editorial annotations for the Federalist Papers, providing cross-references, clarifications, and citations to sources such as Blackstone, Montesquieu, and various state constitutions.
What happens
This chapter contains the endnotes and editorial annotations for the Federalist Papers, providing cross-references, clarifications, and citations to sources such as Blackstone, Montesquieu, and various state constitutions. It addresses topics including standing armies, taxation, the militia, the judiciary, and the liberty of the press, with Publius offering commentary on the structure and interpretation of the proposed Constitution.
Themes in this chapter
Constitutional Interpretation and Authority
The endnotes frequently clarify the meaning and intent of specific constitutional clauses, such as the power to tax, the militia, and the judiciary.
Separation of Powers and Checks and Balances
Annotations discuss the roles of the legislature, executive, and judiciary, including references to Montesquieu and the trial of impeachments.
Human Nature and the Capacity for Self-Government
The endnotes implicitly address concerns about governmental overreach and the need for structural safeguards, reflecting assumptions about human nature.
Characters to notice
- Publius
Publius provides numerous annotations and cross-references throughout the endnotes, clarifying points made in the main essays.
- Montesquieu
Cited in the endnotes regarding the judiciary and the separation of powers.
- The Judicious Blackstone
Referenced multiple times in the endnotes for legal precedents and commentary on the militia and the liberty of the press.
- Charles II
Mentioned in the context of the statute declaring the king's sole command of the militia.
- Congress
Referenced in the endnotes regarding legislative authority over standing armies and taxation.
- The Senate
Mentioned in the endnotes in relation to the trial of impeachments and the legislative process.
- The Judges
Discussed in the endnotes concerning the judiciary and the interpretation of law.
- Alexander Hamilton
Implied as the author of many of the essays to which these endnotes refer, particularly those on taxation and the militia.
Key passages
“Standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the Legislature”
Permanent armies threaten freedom and should only exist with legislative approval.
Publius cites this clause from Delaware and Maryland bills of rights to show that state constitutions already recognize legislative authority over armies.
“The celebrated Montesquieu, speaking of them, says: 'Of the three powers above mentioned, the judiciary is next to nothing.'”
Montesquieu described the judiciary as the weakest of the three branches of government.
This citation supports the argument for an independent judiciary, as the least dangerous branch.
“I know not by what logic it could be maintained, that the declarations in the state constitutions, in favor of the freedom of the press, would be a constitutional impediment to the imposition of duties upon publications by the state legislatures.”
It is illogical to think that state-level press freedom guarantees would prevent state legislatures from taxing newspapers.
Publius argues that a bill of rights is not a sufficient safeguard against legislative overreach, using taxation as an example.
