Today in Supreme Court History: October 27, 1787

10/27/1787: First Federalist Paper is published.

Alexander Hamilton

Comments

[Dan Schiavetta]

They were written by Hamilton, who walked out of the Convention when it did not accept his proposal for a king-like President and a House of Lords-like Senate; by Madison, whose centralized Virginia Plan had been heavily cut down; and by Jay, who was not at the Convention at all and who was an Anglophile who liked the idea of a constitutional monarchy. It is not surprising, then, that the Federalist Papers presented a stronger federal government than the Constitution actually depicted.

[Dilan Esper]

That's correct.

And more generally, they are the worst form of legislative history- statements by individual "legislators" who are trying to shape public opinion rather than simply state what is in the text. Scalia, correctly, used to rail against this sort of thing when it was used in other contexts. But the Federalist is somehow untouchable.

[Dan Schiavetta]

Good point.

[kevrob]

The "anti-federalist" papers have been collected by Herbert Storing, and abridgements have also been published. The arguments of "the real federalists" are as important to the historical debate as those of the "ratificationists."

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