The Federalist Papers · Chapter
The Real Character of the Executive explained
Hamilton dissects the powers of the proposed U.S.
What happens
Hamilton dissects the powers of the proposed U.S. President, comparing them with those of the British monarch and state governors to refute anti-Federalist claims of monarchical tendencies. He details the President's roles as commander-in-chief, treaty-maker, appointing authority, and pardoner, emphasizing the checks and balances that limit executive power, such as Senate consent for treaties and appointments, and the impeachment process.
Themes in this chapter
Separation of Powers and Checks and Balances
Hamilton emphasizes the President's limited powers compared to the British king, highlighting checks like Senate consent for treaties and appointments, and the impeachment process.
Republican Government and Representation
The chapter defends the republican character of the executive by contrasting the elected, impeachable President with hereditary monarchs.
Constitutional Interpretation and Authority
Hamilton clarifies the precise constitutional powers of the President, rebutting exaggerated claims by interpreting the text and comparing it to other systems.
Characters to notice
- Publius
The authorial voice analyzing and defending the executive powers under the proposed Constitution.
- Alexander Hamilton
The actual author of this Federalist Paper, writing as Publius to clarify the real character of the executive.
- The Senate
Mentioned as the body whose advice and consent is required for treaties and appointments, providing a check on presidential power.
- Congress
Referenced as the legislature that holds the power to declare war and raise armies, contrasting with the President's limited military command.
Key passages
“The President is to have power, with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur.”
The President can make treaties only if two-thirds of the Senate agrees.
Hamilton contrasts this with the British king's sole treaty-making power to show the President's authority is more limited.
“The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law.”
The President can be impeached and removed for serious crimes, then tried in regular courts, unlike the British king who is immune.
This highlights the accountability of the executive under the Constitution.
“The President is to be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States.”
The President commands the military only when Congress calls the militia into federal service.
Hamilton notes this power is nominally similar to the British king's but substantially less, as Congress controls war declarations and military funding.