The Federalist Papers · Chapter
XXII: The Same Subject Continued (Other Defects of the Present Confederation) explained
Hamilton continues his critique of the Articles of Confederation, highlighting additional defects: the lack of power to regulate commerce, the inability to raise armies effectively, the vulnerability to foreign corruption, and the absence o
What happens
Hamilton continues his critique of the Articles of Confederation, highlighting additional defects: the lack of power to regulate commerce, the inability to raise armies effectively, the vulnerability to foreign corruption, and the absence of a national judiciary. He argues that these flaws render the Confederation fundamentally unsound and require a complete restructuring of the government, grounded in the consent of the people rather than state legislatures.
Themes in this chapter
Federalism and the Necessity of Union
Hamilton argues that the Confederation's defects make it unfit for administering Union affairs, necessitating a stronger national government.
Economic Prosperity and Commerce
The lack of federal power to regulate commerce is highlighted as a major defect, leading to trade barriers and foreign exploitation.
Constitutional Interpretation and Authority
The need for a supreme tribunal to ensure uniform interpretation of treaties and laws is emphasized, contrasting with the Confederation's multiple state courts.
Human Nature and the Capacity for Self-Government
Hamilton warns of foreign corruption in republics, citing historical examples, and stresses the need for a government grounded in the consent of the people.
Characters to notice
- Publius
The authorial voice presenting the argument for a stronger national government.
- Alexander Hamilton
Primary author of this Federalist Paper, detailing the defects of the Confederation.
- Congress
Criticized as an improper receptacle for necessary federal powers under the Confederation.
- The Judges
Referenced in the context of needing a supreme tribunal to ensure uniform judicial determinations.
- The Earl of Chesterfield
Cited as an example of foreign corruption in republican governments, noting his success in a negotiation depended on obtaining a major's commission for a deputy.
Key passages
“The treaties of the United States, under the present Constitution, are liable to the infractions of thirteen different legislatures, and as many different courts of final jurisdiction, acting under the authority of those legislatures.”
Under the current system, any of the thirteen states can violate treaties, and their courts can interpret them differently, undermining national credibility.
Highlights the problem of multiple sovereigns interpreting federal treaties.
“The fabric of American empire ought to rest on the solid basis of the consent of the people.”
The national government should be founded on popular ratification, not just state legislative approval.
Argues for direct popular legitimacy of the Constitution.
“The want of a power to regulate commerce is by all parties allowed to be of the number.”
Everyone agrees that the Confederation's lack of authority over interstate and foreign trade is a critical flaw.
Identifies a key defect that hampers economic unity.
“Laws are a dead letter without courts to expound and define their true meaning and operation.”
Without a judiciary to interpret and apply them, laws have no practical effect.
Emphasizes the necessity of courts for enforcing laws.
