Introduction to Federalist No. 39
Welcome to one of the newest and most important additions to the AP U.S. Government curriculum! Written by James Madison under the pen name "Publius," Federalist No. 39 is a key part of the Federalist Papers. Its main job was to convince the people of New York (and the rest of the country) that the new Constitution was both "republican" in nature and a perfect balance between state and national power.
If you have already studied The Articles of Confederation or Federalist No. 10, you know that the Founders were obsessed with one question: How do we create a government strong enough to work, but not so strong that it takes away our luck and liberty? Federalist No. 39 provides Madison’s answer.
What is a "Republic"?
Before Madison could defend the Constitution, he had to define what kind of government it actually created. The Anti-Federalists (the critics of the Constitution, like the author of Brutus No. 1) worried the new government would turn into a monarchy or an aristocracy.
Madison defines a republic using three specific criteria:
1. Power comes from the people: The government gets its authority directly or indirectly from the great body of the people, not from a small, favored class of wealthy or "noble" citizens.
2. Administrators are appointed by the people: The people who run the government are chosen by the citizens.
3. Limited terms of office: Government officials only hold their jobs for a limited time, or as long as they maintain "good behavior" (like Supreme Court Justices).
Quick Tip: Think of a republic like a school's student council. The members are students (the people), they are elected by other students, and they only serve for a set amount of time (one school year). They don't have the job for life just because they are popular or rich!
National vs. Federal: The "Mixed" Nature of Government
Don't worry if these terms seem confusing at first—Madison knew they were! In the 1780s, these words had very specific meanings that are slightly different from how we use them today:
National Government: A system where the central government acts directly on the people as a single national community.
Federal Government: A system where the government is a "league" or a collection of sovereign states (like the system under the Articles of Confederation).
Madison argues that the Constitution is neither purely national nor purely federal. Instead, it is a composition of both. He breaks this down into five categories:
1. The Foundation (Federal)
The Constitution was ratified (approved) by the people in each state acting as citizens of that state. Because it required the states to agree individually, Madison called the foundation federal.
2. The Sources of Power (Mixed)
Madison looks at how the different branches are chosen:
- The House of Representatives is national because it represents the people directly.
- The Senate is federal because it represents the states equally.
- The President is mixed because of the Electoral College system.
3. The Operation of Powers (National)
This is a big change from the Articles of Confederation. Under the new Constitution, the government can make laws that apply directly to individual citizens, not just to the state governments. This makes its operation national.
4. The Extent of Powers (Federal)
The national government does not have unlimited power. It only has the specific powers "enumerated" (listed) in the Constitution. Everything else is left to the states. Because its jurisdiction is limited, Madison calls this federal.
5. The Amendment Process (Mixed)
Changing the Constitution (the amendment process) isn't purely national (it doesn't just require a majority of all people) and isn't purely federal (it doesn't require a 100% unanimous vote from every state). It requires a "supermajority," making it a mixed process.
Key Takeaway: The "Compromise" Document
Madison’s goal in Federalist No. 39 was to show that the Constitution was a carefully crafted balance. It wasn't a total takeover by a central government, but it also wasn't as weak and disorganized as the Articles of Confederation. It created a republic that was "partly federal and partly national."
Quick Review Box
Who wrote it? James Madison (as Publius).
Big Idea 1: A republic gets its power from the people and uses representatives with limited terms.
Big Idea 2: The Constitution creates a system that is a mixture of national and federal power.
Why it matters: It answers the fears of the Anti-Federalists by promising that the national government's power is limited and that states still have a vital role.
Common Mistakes to Avoid
Mistake 1: Thinking "Federal" and "National" are the same. In Madison's time, "Federal" referred to state-based power, while "National" referred to a single central power. Don't mix them up when describing his argument!
Mistake 2: Thinking Madison wanted a pure democracy. Madison was arguing for a republic (representative democracy), not a direct democracy where every citizen votes on every law.
Mistake 3: Forgetting the context. This document is part of Unit 1: Foundations of American Democracy. It helps explain Topic 1.6: Principles of American Government and the transition from the Articles of Confederation to the Constitution.
Did You Know?
Federalist No. 39 was one of the many essays written to convince the state of New York to ratify the Constitution. At the time, many people in New York were very skeptical of a strong central government, which is why Madison spent so much time proving that the states still held significant power under the "extent of powers" (federal) category.