III. Departments of power must be separated, yet so as to check each other.
2. Legislative executive.
3. Judicial legislative.
4. Legislative judicial.
☞ All this is done in the proposed constitution.
1. Legislative in the Congress, yet checked by negative of the Executive.
2. Executive in the President, yet checked by impeachment of Congress.
3. Judicial check upon legislative, or interpretation of laws.
4. And checked by legislative through impeachment.
D. I. Can such a government apply to so extensive a territory?
Exaggerated ideas of extent.
II. Despotic government for a large country to be examined.
Full House of Representatives chosen every second year, etc.
Senate for six years by Legislatures.
Rotation every two years.
Executive. Manner of appointment.
Negotiation of treaties.
Nomination of officers.
Judicial power. Constitution of judges.
Extent of powers.
Trial by jury.
To provide revenue for the Common defense.
To regulate commerce.
To declare war.
Admission of new states.
Disposal of property.
To prohibit importation of slaves after 1808.
Account to be rendered of expenditure of moneys.
No state shall emit bills of credit [pass no bill of at]tainder, ex-post facto law, or law impairing the obligation of contracts, or grant title of nobility.
Definition of treason.
Guarantee of Republican government.
↑This paper has been printed in both editions of the writings of Hamilton as a "Brief Argument on the Constitution of the United States." Study of it, however, indicates that it is a preliminary outline of The Federalist, from No. 39 to the end. As already mentioned in the Introduction, the beginning of the term of the New York Supreme Court compelled Hamilton to cease temporarily his work on The Federalist with No. 36, and he probably drew np this guide for Madison, who at that point assumed the task, and who closely followed in the succeeding essays the sequence here outlined. By merely transposing the last portions headed "Powers" and "Miscellaneous Advantages" so that they precede that headed "Review," we have the arrangement of ideas adopted in The Federalist. The syllabns is especially valuable in view of the dispnte over the authorship, for it shows how sharp a line Hamilton drew between the "Powers" and the "Revew" of the three departments, the latter being evidently considered by him as one synthetic whole. A comparison of No. 39 with "A" and "B" reveals how thoroughly Madison absorbed the syllabus in this number, and as that has been most quoted of all those from Madison's pen, the source of his ideas possesses much interest.