The Federalist Papers · Chapter
LXXXIV: Certain General and Miscellaneous Objections to the Constitution Considered and Answered explained
Hamilton addresses remaining objections to the Constitution, focusing on the absence of a bill of rights, the expense of the new government, and the remoteness of the national government.
What happens
Hamilton addresses remaining objections to the Constitution, focusing on the absence of a bill of rights, the expense of the new government, and the remoteness of the national government. He argues that the Constitution itself contains numerous protections for liberty, such as habeas corpus and prohibitions on ex post facto laws, and that a bill of rights is unnecessary and potentially dangerous. He also contends that the new government will not be significantly more expensive than the current one and that concerns about distance are overstated.
Themes in this chapter
Constitutional Interpretation and Authority
Hamilton argues that a bill of rights could be used to imply powers not granted, a key concern about constructive powers.
Human Nature and the Capacity for Self-Government
Hamilton asserts that the security of rights ultimately depends on public opinion and the general spirit of the people and government.
Republican Government and Representation
Discusses the adequacy of representation and the structure of the legislature in the new government.
Characters to notice
- Publius
Author of the essay, addressing objections to the Constitution.
- Alexander Hamilton
Likely author of this Federalist Paper, arguing for ratification.
- The Judicious Blackstone
Quoted on the importance of habeas corpus and protection against arbitrary imprisonment.
- Congress
Current Congress under the Confederation is contrasted with the proposed Congress.
- The Senate
Mentioned in context of treaty and appointment powers.
Key passages
“The observations of the judicious Blackstone, in reference to the latter, are well worthy of recital: 'To bereave a man of life (says he), or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once'”
Hamilton quotes Blackstone to emphasize that taking a person's life or property without trial is a blatant act of tyranny.
Used to support the importance of habeas corpus and due process.
“What signifies a declaration, that 'the liberty of the press shall be inviolably preserved'? What is the liberty of the press? Who can give it any definition which would not leave the utmost latitude for evasion?”
Hamilton questions the value of a mere declaration protecting press freedom, arguing it is too vague to be effective.
Part of his argument against the need for a bill of rights.
“The truth is, after all the declamations we have heard, that the Constitution is itself, in every rational sense, and to every useful purpose, a bill of rights.”
Hamilton asserts that the Constitution itself functions as a bill of rights by specifying the structure of government and protecting individual liberties.
Central to his rebuttal of the objection that the Constitution lacks a bill of rights.