The Federalist Papers · Chapter
XLII: The Powers Conferred by the Constitution Further Considered explained
Madison examines the powers granted to the general government under the Constitution, focusing on foreign relations, commerce, and interstate harmony.
What happens
Madison examines the powers granted to the general government under the Constitution, focusing on foreign relations, commerce, and interstate harmony. He defends the power to make treaties, regulate foreign commerce, define and punish piracies and felonies, and establish uniform naturalization and bankruptcy laws. He also addresses the postponed prohibition of the slave trade, arguing it is a gain for humanity, and highlights the necessity of federal authority to prevent interstate conflicts and ensure uniformity.
Themes in this chapter
Federalism and the Necessity of Union
Madison argues that the powers to regulate foreign relations and interstate commerce are essential for the Union to function as one nation.
National Security and Foreign Relations
The power to define and punish offenses against the law of nations is presented as crucial to prevent states from embroiling the Confederacy in foreign conflicts.
Economic Prosperity and Commerce
The regulation of foreign and interstate commerce is defended as necessary to prevent trade wars and ensure economic stability.
Human Nature and the Capacity for Self-Government
Madison references human nature to explain the likelihood of states imposing burdensome duties on each other, necessitating federal oversight.
Characters to notice
- Publius
Author of the essay, writing as Publius to argue for ratification.
- James Madison
Primary author of this Federalist Paper, providing detailed analysis of federal powers.
- Congress
Mentioned as the body that has practiced appointing inferior ministers and consuls under the Articles of Confederation.
- The Judges
Referenced indirectly in the context of judicial proceedings and the power to prescribe their effect across states.
Key passages
“If we are to be one nation in any respect, it clearly ought to be in respect to other nations.”
If we are to be a unified nation at all, it should be in our dealings with foreign countries.
Madison emphasizes the necessity of federal control over foreign relations.
“It ought to be considered as a great point gained in favor of humanity, that a period of twenty years may terminate forever, within these states, a traffic which has so long and so loudly upbraided the barbarism of modern policy.”
The twenty-year delay before Congress can ban the slave trade should be seen as a humanitarian victory, as it sets a definite end to a barbaric practice.
Madison defends the compromise on the slave trade as a step toward abolition.
“The power of establishing post roads must, in every view, be a harmless power, and may, perhaps, by judicious management, become productive of great public conveniency.”
The power to create post roads is harmless and could, with good management, greatly benefit the public.
Madison downplays concerns about federal power over post roads.