Federalist No. 42
Encyclopedia
Essay
An essay is a piece of writing which is often written from an author's personal point of view. Essays can consist of a number of elements, including: literary criticism, political manifestos, learned arguments, observations of daily life, recollections, and reflections of the author. The definition...
by James Madison
James Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
, and the forty-second of the Federalist Papers
Federalist Papers
The Federalist Papers are a series of 85 articles or essays promoting the ratification of the United States Constitution. Seventy-seven of the essays were published serially in The Independent Journal and The New York Packet between October 1787 and August 1788...
. It was published on January 22, 1788 under the pseudonym
Pseudonym
A pseudonym is a name that a person assumes for a particular purpose and that differs from his or her original orthonym...
Publius, the name under which all the Federalist Papers were published. Federalist No. 42 continues a theme that was started in Federalist No. 41
Federalist No. 41
Federalist No. 41 is an essay by James Madison, the forty-first of the Federalist Papers. It was published on January 19, 1788 under the pseudonym Publius, the name under which all the Federalist Papers were published. This essay begins a long consideration, lasting for the rest of the series, of...
; it is titled, "The Powers Conferred by the Constitution Further Considered".
Here, Madison contends that the grant of specific powers to the federal government actually operates to limit the power of the federal government to act with respect to the states.
The question
In Federalist No. 41Federalist No. 41
Federalist No. 41 is an essay by James Madison, the forty-first of the Federalist Papers. It was published on January 19, 1788 under the pseudonym Publius, the name under which all the Federalist Papers were published. This essay begins a long consideration, lasting for the rest of the series, of...
, Madison had delineated six classes of power granted to the federal government:
- Security against foreign danger;
- Regulation of intercourse with foreign nations;
- Maintenance of the harmony and proper intercourse among the States;
- Miscellaneous objects of general utility;
- Restraining the States from certain injurious acts;
- Provisions for giving due efficacy to all of these powers.
Madison returns in Federalist No. 42 to classes two and three.
Influence
The Federalist No. 78 (which deals with judicial powers, includingthe power of judicial review) recently passed No. 42 (which focuses
on non-military congressional powers, including the power to regulate
interstate commerce) as the paper that has found its way most
often into written opinions of the justices. (Thirty-seven opinions
cite No. 78; 34 opinions cite No. 42.)78.