Summary and Analysis Section XIII: Conclusions: Federalist No. 85 (Hamilton)

Summary There remained two more points to be discussed: the analogy of the proposed constitution “to your own state constitution” (The Federalist papers, as noted before, were all addressed “to the People of the State of New York”), and the additional security which its adoption would afford “to republican government, […]

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Summary and Analysis Section XIII: Conclusions: Federalist No. 84 (Hamilton)

Summary The two chapters in this section pick up, and in places extend, the arguments made before. Nothing materially new is added in these chapters. For obvious reasons, summary and commentary have been combined here. This essay first takes up the objection that the proposed constitution contained no Bill of […]

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Summary and Analysis Section XII: Judiciary: Federalist No. 83 (Hamilton)

Summary Objection had been raised that the constitution contained no specific provision for trial by jury in civil cases. In this lengthy essay Hamilton argued that because the constitution did not specifically provide for trial by jury in civil cases, this did not mean that the right to such a […]

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Summary and Analysis Section XII: Judiciary: Federalist No. 82 (Hamilton)

Summary This is a legalistic essay, to be easily understood only by a lawyer, on the complex “doctrine of concurrent jurisdiction” between the national and the state courts. The doctrine involved the question of which courts had primary jurisdiction, and how appeals would be made from court to court. Having […]

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Summary and Analysis Section XII: Judiciary: Federalist No. 81 (Hamilton)

Summary Under the proposed constitution, judicial power was to be vested “in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish.” All agreed on the necessity of one supreme court with final jurisdiction, but some took the view that it […]

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