The Federalist Papers · Chapter
LXIV: The Powers of the Senate explained
In this paper, Jay defends the constitutional provision granting the President, with the advice and consent of the Senate, the power to make treaties.
What happens
In this paper, Jay defends the constitutional provision granting the President, with the advice and consent of the Senate, the power to make treaties. He argues that the mode of selecting the President and Senators—through electors and state legislatures—ensures that only the most able and virtuous individuals will hold these offices, making them trustworthy for treaty-making. Jay emphasizes the need for stability, experience, and secrecy in foreign negotiations, contrasting the Senate's continuity with the volatility of popular assemblies. He rebuts objections that treaties should be repealable by ordinary legislation, asserting that treaties are binding bargains requiring mutual consent for alteration. He also dismisses fears of corruption or sectional bias, arguing that the Senate's equal representation and the shared interests of all parties provide sufficient safeguards.
Themes in this chapter
Separation of Powers and Checks and Balances
Jay defends the allocation of treaty-making power to the President and Senate as a balanced arrangement, distinct from the legislative power, ensuring both executive efficiency and legislative oversight.
National Security and Foreign Relations
The chapter focuses on the necessity of secrecy, despatch, and experienced leadership in treaty negotiations to protect national interests in war, peace, and commerce.
Republican Government and Representation
Jay argues that the mode of selecting the President and Senators through electors and state legislatures ensures that the most enlightened and virtuous citizens represent the public good.
Characters to notice
- Publius
The authorial voice, arguing for the necessity and wisdom of the treaty-making power as vested in the President and Senate.
- John Jay
The actual author of this paper, writing as Publius to defend the Senate's role in treaty-making.
- The Senate
The body whose powers are being defended; Jay argues for its composition, stability, and role in providing advice and consent for treaties.
- Congress
Mentioned in contrast to the Senate; Jay argues that a popular assembly is ill-suited for treaty negotiations due to lack of secrecy and continuity.
- The Judges
Referenced to illustrate that constitutional acts of power, like court judgments, are binding without being legislative acts.
Key passages
“The power of making treaties is an important one, especially as it relates to war, peace, and commerce; and it should not be delegated but in such a mode, and with such precautions, as will afford the highest security that it will be exercised by men the best qualified for the purpose, and in the manner most conducive to the public good.”
Treaty-making is a critical power affecting war, peace, and trade, so it must be entrusted only to the most qualified individuals and structured to ensure the best outcomes for the public.
Jay establishes the high stakes of treaty-making and the need for careful delegation.
“As all the states are equally represented in the Senate, and by men the most able and the most willing to promote the interests of their constituents, they will all have an equal degree of influence in that body, especially while they continue to be careful in appointing proper persons, and to insist on their punctual attendance.”
Because each state has equal representation in the Senate, and Senators are chosen for their ability and dedication, every state will have equal influence, provided they appoint good representatives and ensure they attend.
Jay reassures that the Senate's structure protects all states equally.
“It seldom happens in the negotiation of treaties, of whatever nature, but that perfect secrecy and immediate despatch are sometimes requisite.”
In treaty negotiations, complete secrecy and quick action are often necessary.
Jay highlights the practical need for confidentiality and speed in diplomacy.
