Federalist No. 38

Last updated

Federalist No. 38
Gilbert Stuart, James Madison, c. 1821, NGA 56914.jpg
James Madison, author of Federalist No. 38
Author James Madison
Original titleThe Same Subject Continued, and the Incoherence of the Objections to the New Plan Exposed
CountryUnited States
LanguageEnglish
Series The Federalist
Publisher The Independent Journal
Publication date
January 12, 1788
Media typeNewspaper
Preceded by Federalist No. 37  
Followed by Federalist No. 39  

Federalist No. 38 is an essay by James Madison, the thirty-eighth of The Federalist Papers . It was first published by The Independent Journal (New York) on January 12, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. Madison continues his topic from Federalist No. 37, the political questions examined by the constitutional convention. The essay is titled "The Same Subject Continued, and the Incoherence of the Objections to the New Plan Exposed". In it Madison argues that despite the many objections to the Constitution, it is still a vast and necessary improvement over the Articles of Confederation.

The essay mostly addresses the concern of imperfections in the new government. It covers history of the formation of governments, starting with the Minoans. The text is also notable for a single mention of slavery:

"It is a matter both of wonder and regret, that those who raise so many objections against the new Constitution should never call to mind the defects of that which is to be exchanged for it. It is not necessary that the former should be perfect; it is sufficient that the latter is more imperfect...Is the importation of slaves permitted by the new Constitution for twenty years? By the old it is permitted forever."


Related Research Articles

<i>The Federalist Papers</i> Series of 85 essays arguing in favor of the ratification of the US Constitution

The Federalist Papers is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as The Federalist until the name The Federalist Papers emerged in the 20th century.

<i>Federalist No. 84</i> Federalist Paper by Alexander Hamilton

Federalist No. 84 is a political essay by American Founding Father Alexander Hamilton, the eighty-fourth and penultimate essay in a series known as The Federalist Papers. It was published July 16, July 26, and August 9, 1788, under the pseudonym Publius, the name under which all The Federalist Papers were published. The official title of the work is "Certain General and Miscellaneous Objections to the Constitution Considered and Answered". Federalist 84 is best known for its opposition to a Bill of Rights, a viewpoint with which the work's other author, James Madison, disagreed. Madison's position eventually won out in Congress, and a Bill of Rights was ratified on December 15, 1791.

<span class="mw-page-title-main">Federalist No. 23</span> Federalist Paper by Alexander Hamilton

Federalist No. 23 is an essay by Alexander Hamilton, the twenty-third of The Federalist Papers. It was first published by The New York Packet on December 18, 1787 under the pseudonym Publius, the name under which all The Federalist papers were published. One of the more significant essays in the series, No. 23 attempts to justify the increased strength of the federal government under the proposed United States Constitution, compared to the then-active Articles of Confederation. The paper is entitled "The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union".

<span class="mw-page-title-main">Federalist No. 14</span> Federalist Paper by James Madison

Federalist No. 14 is an essay by James Madison titled "Objections to the Proposed Constitution From Extent of Territory Answered". This essay is the fourteenth of The Federalist Papers. It was first published in The New York Packet on November 30, 1787 under the pseudonym Publius, the name under which all The Federalist papers were published. It addresses a major objection of the Anti-Federalists to the proposed United States Constitution: that the sheer size of the United States would make it impossible to govern justly as a single country. Madison touched on this issue in Federalist No. 10 and returns to it in this essay.

<span class="mw-page-title-main">Federalist No. 28</span> Federalist Paper by Alexander Hamilton

Federalist No. 28, titled "The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered", is a political essay by Alexander Hamilton and the twenty-eighth of The Federalist Papers. The essay was published on December 28, 1787, under the pseudonym Publius, the name under which all The Federalist Papers were published. This is the last of the three essays discussing the powers of the federal government over a standing military, directly following Federalist No. 26 and Federalist No. 27. Its theme of defense would be continued for one more essay in Federalist No. 29.

<span class="mw-page-title-main">Federalist No. 29</span> Federalist Paper by Alexander Hamilton "Concerning the Militia"

Federalist Paper No. 29 is an essay by Alexander Hamilton, the twenty-ninth of The Federalist Papers. It was first published in The Independent Journal on January 9, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. It is titled "Concerning the Militia". Unlike the rest of the Federalist Papers, which were published more or less in order, No. 29 did not appear until after Federalist No. 36.

<span class="mw-page-title-main">Federalist No. 33</span> Federalist Paper promoting a Supremacy Clause

Federalist No. 33, written by Alexander Hamilton and first published in The Independent Journal on January 2, 1788, continues the focus on the issues in creating an efficient taxation system, along with reassuring the people's doubts about the government control over taxation. Titled "The Same Subject Continued: Concerning the General Power of Taxation", No. 33 explores the idea of allowing Congress to make all laws that are necessary for efficiently operating the national government. Under the pseudonym, Publius, John Jay, Hamilton, and James Madison collectively wrote and published eighty-five essays in the New York newspaper between 1787 and 1788 to promote the ratification of the United States Constitution.

<span class="mw-page-title-main">Federalist No. 41</span> Federalist Paper by James Madison

Federalist No. 41, titled "General View of the Powers Conferred by the Constitution", is an essay written by James Madison as the forty-first of The Federalist Papers. These essays were published by Alexander Hamilton, with John Jay and James Madison serving as co-authors, under the pseudonym "Publius." No. 41 was first published by The New York Packet on January 19, 1788 and argues about the necessity of the powers the Constitution vested upon the general government as well as the meaning of the phrase "general welfare".

<span class="mw-page-title-main">Federalist No. 43</span> Federalist Paper by James Madison

Federalist No. 43 is an essay by James Madison, the forty-third of The Federalist Papers. It was first published by The New York Packet on January 23, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. This paper continues a theme begun by Madison in Federalist No. 42. It is titled "The Same Subject Continued: The Powers Conferred by the Constitution Further Considered".

<span class="mw-page-title-main">Federalist No. 44</span> Federalist Paper by James Madison

Federalist No. 44 is an essay by James Madison, the forty-fourth of The Federalist Papers. It was published on January 25, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. This essay addresses the Constitution's limitation of the power of individual states, something strongly decried by the Anti-Federalists, who sought a greater degree of sovereignty for the states. It is titled "Restrictions on the Authority of the Several States".

<span class="mw-page-title-main">Federalist No. 45</span> Federalist Paper by James Madison

Federalist No. 45, titled "The Alleged Danger From the Powers of the Union to the State Governments Considered", is the 45th out of 85 essays of the Federalist Papers series. No. 45 was written by James Madison, but was first published by The New York Packet under the pseudonym Publius, on January 26, 1788. The main focus of the essay is how the state and federal governments will function within the Union, while keeping the people's happiness in mind.

<span class="mw-page-title-main">Federalist No. 47</span> Federalist Paper by James Madison

Federalist No. 47 is the forty-seventh paper from The Federalist Papers. It was first published by The New York Packet on January 30, 1788 under the pseudonym Publius, the name under which all The Federalist Papers were published, but its actual author was James Madison. This paper examines the separation of powers among the executive, legislative, and judicial branches of government under the proposed United States Constitution due to the confusion of the concept at the citizen level. It is titled "The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts".

<span class="mw-page-title-main">Federalist No. 48</span> Federalist Paper by James Madison

Federalist No. 48 is an essay by James Madison, the forty-eighth of the Federalist Papers. It was first published by The New York Packet on February 1, 1788, under the pseudonym Publius, the name under which all the Federalist Papers were published. This paper builds on Federalist No. 47. In that essay Madison argued for separation of powers; here he argues that the legislative, executive, and judicial branches of government must not be totally divided. It is titled "These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other".

<span class="mw-page-title-main">Federalist No. 49</span> Federalist Paper by James Madison

Federalist No. 49 is an essay by James Madison, the forty-ninth of The Federalist Papers. It was first published by The New York Packet on February 2, 1788, under the pseudonym "Publius", the name under which all The Federalist papers were published. It is titled "Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention".

<i>Federalist No. 52</i> Federalist Paper by James Madison, or possibly Alexander Hamilton

Federalist No. 52, an essay by James Madison or Alexander Hamilton, is the fifty-second essay out of eighty-five making up The Federalist Papers, a collection of essays written during the Constitution's ratification process, most of them written either by Hamilton or Madison. It was published in the New York Packet on February 8, 1788, with the pseudonym Publius, under which all The Federalist papers were published. This essay is the first of two examining the structure of the United States House of Representatives under the proposed United States Constitution. It is titled The House of Representatives".

<i>Federalist No. 57</i> Federalist Paper by James Madison

Federalist No. 57 is an essay by James Madison, the fifty-seventh of The Federalist Papers. It was first published by The New York Packet on February 19, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. It is titled "The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many".

<i>Federalist No. 66</i> Federalist Paper by Alexander Hamilton

Federalist No. 66 is an essay by Alexander Hamilton, the sixty-sixth of The Federalist Papers. It was published on March 8, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. The title is "Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered".

<i>Federalist No. 68</i> Federalist Paper by Alexander Hamilton

Federalist No. 68 is the 68th essay of The Federalist Papers, and was published on March 12, 1788. It was probably written by Alexander Hamilton under the pseudonym "Publius", the name under which all of the Federalist Papers were published. Since all of them were written under this pseudonym, who wrote what cannot be verified with certainty. Titled "The Mode of Electing the President", No. 68 describes a perspective on the process of selecting the chief executive of the United States. In this essay, the author sought to convince the people of New York of the merits of the proposed constitution. Number 68 is the second in a series of 11 essays discussing the powers and limitations of the executive branch and the only one to describe the method of selecting the president.

<i>Federalist No. 81</i> Third-most cited Federalist Paper; by Alexander Hamilton on the judiciary

Federalist No. 81 is an essay by Alexander Hamilton, the eighty-first of The Federalist Papers. It was published on June 25 and 28, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. The title is "The Judiciary Continued, and the Distribution of the Judicial Authority", and it is the fourth in a series of six essays discussing the powers and limitations of the Judicial branch.

<i>Federalist No. 85</i> Final Federalist Paper, by Alexander Hamilton

Federalist No. 85 is an essay by Alexander Hamilton, the eighty-fifth and last of The Federalist Papers. It was published on August 13 and 16, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. The title is "Concluding Remarks".