The Federalist Papers · Chapter
LXV: The Powers of the Senate Continued explained
Hamilton examines the Senate's role in impeachment trials, arguing that the Senate is the most suitable body for this function due to its dignity, independence, and ability to withstand factional pressures.
What happens
Hamilton examines the Senate's role in impeachment trials, arguing that the Senate is the most suitable body for this function due to its dignity, independence, and ability to withstand factional pressures. He contrasts it with the Supreme Court, which he deems less appropriate, and defends the Convention's choice as a prudent mean between competing considerations.
Themes in this chapter
Separation of Powers and Checks and Balances
Hamilton argues that the Senate, as a distinct branch, provides a necessary check on executive misconduct through impeachment.
Control of Faction and Majority Tyranny
The essay warns that factional passions can influence impeachment decisions, and the Senate's composition mitigates this risk.
Human Nature and the Capacity for Self-Government
Hamilton discusses the difficulty of obtaining impartiality in a popular government due to human passions and factional loyalties.
Characters to notice
- Publius
Author of the essay, arguing for the Senate's role in impeachments.
- Alexander Hamilton
Writes as Publius, defending the constitutional design for impeachment trials.
- The Senate
Designated as the court for impeachment trials, praised for its dignity and independence.
- The Judges
Supreme Court justices considered as potential impeachment judges but deemed less suitable.
- Congress
House of Representatives initiates impeachments; Senate adjudicates.
Key passages
“A well-constituted court for the trial of impeachments is an object not more to be desired than difficult to be obtained in a government wholly elective.”
Creating an effective impeachment court is both highly desirable and very challenging in an entirely elected government.
Hamilton highlights the inherent difficulty of designing an impartial tribunal in a democratic system.
“The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.”
Impeachment deals with political offenses involving the abuse of public trust by officials.
Defines the scope of impeachment as political misconduct rather than ordinary crimes.
“The convention, it appears, thought the Senate the most fit depositary of this important trust.”
The Constitutional Convention concluded that the Senate was the best body to handle impeachments.
Hamilton defends the Convention's choice of the Senate as the impeachment court.
“Where else than in the Senate could have been found a tribunal sufficiently dignified, or sufficiently independent?”
No other body besides the Senate possesses the necessary dignity and independence for impeachment trials.
Hamilton argues for the Senate's unique suitability for this role.
“If mankind were to resolve to agree in no institution of government, until every part of it had been adjusted to the most exact standard of perfection, society would soon become a general scene of anarchy, and the world a desert.”
If people demanded perfect government institutions before agreeing to any, society would descend into anarchy.
Hamilton warns against rejecting the Constitution over minor imperfections.
