The Federalist Papers · Chapter
LXXIV: The Command of the Military and Naval Forces, and the Pardoning Power of the Executive explained
Hamilton defends vesting the President with command of the military and the power to grant reprieves and pardons, arguing that a single executive is best suited for the direction of war and the exercise of mercy, especially in cases of trea
What happens
Hamilton defends vesting the President with command of the military and the power to grant reprieves and pardons, arguing that a single executive is best suited for the direction of war and the exercise of mercy, especially in cases of treason and insurrection.
Themes in this chapter
Separation of Powers and Checks and Balances
Discusses the President's exclusive military command and pardoning power, with exceptions for impeachment, illustrating the balance between executive authority and legislative oversight.
Human Nature and the Capacity for Self-Government
Hamilton argues that a single executive is more likely to be scrupulous and cautious in granting pardons, while a body of men may be emboldened by numbers to act with obduracy.
Characters to notice
- Publius
Author of the essay, presenting arguments for executive military command and pardoning power.
- Alexander Hamilton
Implied author; writes under the pseudonym Publius to advocate for the Constitution.
Key passages
“Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand.”
War requires a single commander because it demands quick, decisive action that only one person can provide.
Hamilton emphasizes the necessity of unity in military command.
“Humanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed.”
Both compassion and wise governance suggest that the power to pardon should be as free from restrictions as possible.
Hamilton argues for broad pardoning power in the President.
“The loss of a week, a day, an hour, may sometimes be fatal.”
Even a short delay can have disastrous consequences in times of crisis.
Hamilton stresses the need for immediate executive action during insurrections.