Federalist Essays #10 and 37-40

Gavin Winkel

Dr. Rick Griffin

 American Heritage Spring 2009

Federalist Essays #10 and 37-40 were written by James Madison. His concern for the

future of the country resonates throughout his writing. He understands that the plan is not

perfect but is the best that they have. His thorough analysis highlights the effects of self

interest, factions and the fallible reasoning of men as part of human nature that must be dealt

with. He also suggests how a republic form of government can diminish these effects because

they are spread out across a larger area.

James Madison addresses the realities of human nature and government in essay

number ten of the Federalist Essays. He explains that there will always be those that protest

and seek to promote their ideas whether right or wrong. Factions are groups of people that

gather together to protect their political opinions and economic interests (Federalist No. 10 par.

2). The practice of protesting and lobbying is the exercise of one’s liberty. To remove factions by

the destruction of liberty is worse than allowing the factions to continue 1. Madison declares

that “Liberty is to faction what air is to fire” (Federalist No. 10 par. 5) .Liberty and therefore

factions are essential to politics. As Long as the reason of man continues fallible, and he is at

liberty to exercise it, different opinions will be formed.” (Federalist No. 10 par. 6)

The same problems that affected the founders plague our country today. Madison

warns that the apportionment of taxes requires impartiality and there is no greater temptation

to a party to trample on the rules of justice. (Federalist No. 10 par. 9)

The distribution of taxes is one that requires a neutral party which is very unlikely. The

temptation to support his own causes and interests is without comparison (Federalist No. 10
1
par. 9). It is vain to say that a statesman will use the funds for the public good. That type of

statesmen will not always be there (Federalist No. 10 par. 10). Representatives lobby for the

benefits of corporations and their own personal gain while the legislature creates bills and

budgets full of “pork”. I would think that there would be some way to prevent this but as

Madison points out, “it is in vain to say that enlightened statesmen will be able to adjust these

clashing interests, and render them all subservient to the public good.” 2(Federalist No. 10 par.

10) Causes of self interest, factions and the fallacies of men cannot be removed but the effects

can be controlled. (Federalist No. 10, par. 11)

Pure Democracy allows each citizen an equal vote. This form of government seems to

promote the public good but in reality it allows the government to be run by popular ideas and

rhetoric. I would never allow an average citizen to perform surgery or represent me in court so

why would I trust them to decide the direction of the nation. Pure Democracy does not provide

any way to check self interest or any rulings. Madison describes that these democracies have

always been spectacles of turbulence and contention. He continues “and have been as short in

their lives as they have been violent in their deaths” (Federalist Essay 10, par. 15).

A Republic offers a solution to these problems. The republic is represented by a small

number of citizens elected by the rest. This representation acts to refine and filter the voice of

the people to a representative who can choose what is best. It is possible that a representative

may disregard the voice of the people and promote his own self interest but it is less likely

under a republic (Federalist No. 10, par. 12). Also if this does happen it is spread over a larger

area and allows others to vote against him.

2
 In Essay number thirty-seven and thirty-eight, Madison proposes that they must

carefully examine the defects of the existing government (Federalist No. 37 par. 1). The

Founding Fathers believe that those who oppose the constitution did not examine it very well.

Others who were in favor of the constitution are also guilty and much of the information lacks

critical analysis (Federalist No. 37 par. 7). This is very similar to the recent events that have

happened concerning budgets, bailouts and stimulus packages. These multibillion dollar

spending bills are so lengthy that it is impossible to read and understand. Because of this they

lack the critical analysis needed to be effective. They trust that whoever wrote it knew what

they were doing. Because there was no analysis billions have been lost because they failed to

track where it went and what it was spent on. Analysis provokes refinement and effectiveness.

Madison points out that no plan is faultless (Federalist No. 37 par. 5).

The most difficult problem facing the Founders was how to create a stable government

without threatening the liberties of the people. (Federalist No. 37 par. 8) Boundaries between

federal and state governments have never been defined by any governments with any precision

(Federalist No. 37 par.11)

Madison is writing to those who are in favor of the constitution. He points out that no

plan is faultless because the convention is composed of fallible men. The task of the framers is

difficult (Federalist No. 37 par. 5). The most difficult problem was how to establish a stable

government without threatening the liberties of the people. Stability promotes confidence.

Stability is achieved through representation and liberty is protected because the government

rests upon the consent of the people (Federalist No. 37 par. 8)

Bibliography
"Federalist No. 10." U.S. History Resources - Home. 23 Apr. 2009 <http://history-
resources.com/fd/f/f10.htm>.

"Federalist No. 37." U.S. History Resources - Home. 23 Apr. 2009 <http://history-
resources.com/fd/f/f37.htm>.

"Federalist No. 38." U.S. History Resources - Home. 23 Apr. 2009 <http://history-
resources.com/fd/f/f38.htm>.

"Federalist No. 39." U.S. History Resources - Home. 23 Apr. 2009 <http://history-
resources.com/fd/f/f39.htm>.

"Federalist No. 40." U.S. History Resources - Home. 23 Apr. 2009 <http://history-
resources.com/fd/f/f40.htm>.