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SCOTUS Citations of the Federalist Papers: POLICYDefense
Interstate conflict
Taxation
Commerce
Federalism
Hamilton Madison Jay
Prof. Jim Hoefler4/3/19
Foreign policy
Endurance of the Union
Factions
SCOTUS Citations of the Federalist Papers: INSTITUTIONSHamilton Madison Jay
The Executive
The Judiciary
The House
The Senate
Separation of Powers
4/3/2019
1
Alexander Hamilton: America’smost under‐rated Founder?
Prof. Jim Hoefler, Dickinson College
Dauphin County Bar AssociationTuesday, April 9, 2019
11:30‐ 1 PM, Harrisburg, PA
2/22/18 Prof. Jim Hoefler
2/22/18 Prof. Jim Hoefler
2/22/18 Prof. Jim Hoefler
MadisonWashington HamiltonJefferson
Founding FatherAdmiration Index
Overcoming obstacles
Military service
Character
Writing
Legacy
FFAI
4/3/2019
2
Mount Vernon, Virginia
Homes
2/22/18 Prof. Jim Hoefler
Washington
Montpellier, Virginia
Homes
2/22/18 Prof. Jim Hoefler
Madison
Monticello, Virginia
Homes
2/22/18 Prof. Jim Hoefler
Jefferson
4/3/2019
3
Charlestown, Saint Kitts and Nevis, West Indies
Homes
2/22/18 Prof. Jim Hoefler
Hamilton
West 141st St. St. Nicholas Park, New York City, New York
Homes
2/22/18 Prof. Jim Hoefler
Hamilton
Homes
2/22/18 Prof. Jim HoeflerHamilton
4/3/2019
4
• PARENTS: English gentry, well‐connected
• FATHER: Westmoreland County (VA) judge
• EDUCATION: Private tutors; William and Mary
Washington
Early Years
2/22/18 Prof. Jim Hoefler
Washington
APPOINTMENTS
• Major, VA militia (VA governor):
• Ambassador from the British crown
• Aid to British general before Revolution
• FATHER: Successful planter and surveyor
• RAISED: Plantation environment
• TUTORED: Scottish minister, then on to boarding school
• DEGREE: William & Mary
• LAW: Private tutelage
Early Years
2/22/18 Prof. Jim Hoefler
Jefferson
• FATHER: Successful tobacco farmer
• RAISED: Plantation environment
• EDUCATION
• Private tutors
• Wunderkind at College of New Jersey (now Princeton),
finishing degree in half the normal time
Early Years
2/22/18 Prof. Jim Hoefler
Madison
4/3/2019
5
Born January 11, 1755
• PARENTS: unmarried and penniless
• EDUCATION: Bastard Children were not welcome in schools
• FATHER: James abandons the family (AH = 6)
• MOTHER: Rachel contracts severe fever and dies (AH = 13).
Court awards meager inheritance to former husband, who
keeps everything, referring to Alexander and younger
brother James as children born in “whoredom.”
Early Years
2/22/18 Prof. Jim Hoefler
Hamilton
• ADOPTION #1: poor and mentally unstable first‐cousin, Peter
Lytton who commits suicide within the year (AH=14)
• ADOPTION #2: Peter’s father (Hamilton’s uncle), James
Lytton, stepped in then promptly died himself.
Early Years
2/22/18 Prof. Jim Hoefler
Hamilton
• FOOD and SHLETER: AH (15) starts clerking for
Beekman and Cruger’s import/export store in King St.
in Chistiansted
• BUISNESSMAN: AH (16) left in charge of store with owners at sea
Early Years
2/22/18 Prof. Jim Hoefler
Hamilton
4/3/2019
6
• HURICANE: Devastated Christiansted (AH=17)
o Anonymous account Royal Danish‐American Gazette
o Self‐taught Hamilton, full of drama and pomposity
• Community raised funds and sent him to NYC for a proper education.
• Boston‐bound boat catches fire en route from St. Kitts
• Rejected at College of New Jersey (Princeton; and why not?)
• Accepted at Kings (Columbia)
Early Years
2/22/18 Prof. Jim Hoefler
Hamilton
2/22/18 Prof. Jim Hoefler
MadisonWashington HamiltonJefferson
Founding FatherAdmiration Index
Overcoming obstacles 3/10 2/10 0/10
Military service
Character
Writing
Legacy
FFAI
2/22/18 Prof. Jim Hoefler
MadisonWashington HamiltonJefferson
Founding FatherAdmiration Index
Overcoming obstacles 3/10 2/10 0/10 10/10
Military service
Character
Writing
Legacy
FFAI
4/3/2019
7
(20) Hamilton joins Kings College militia
(21) Organizes a Company of of 60 artillery men in lower Manhattan; elected as their captain
Saw regular combat actions including:
• Battled of White Plains
• Battle of Trenton
• Battle of Princeton
Military Service
2/22/18 Prof. Jim Hoefler
Hamilton
Military Service
2/22/18 Prof. Jim Hoefler
Hamilton
Nassau Hall, Princeton University
P. 84Chernow, Ron. Alexander Hamilton Penguin Publishing Group
(22‐26; 1777‐1781) Elevated to Lt Colonel and serves as Washington’s aide de camp
Military Service
2/22/18 Prof. Jim Hoefler
Hamilton
4/3/2019
8
Military Service
2/22/18 Prof. Jim Hoefler
Hamilton
Schuylkill River near Valley Forge
• Major role in Battle of Yorktown
• Led bayonet attack at night
• Hand‐to‐hand combat
• Last major battle of
the Revolution
1781: Resigns staff position and insists on a field command: Battalion of light infantry
Military Service
2/22/18 Prof. Jim Hoefler
Hamilton
1794, Whiskey Rebellion, as Secretary of the Treasury (39)
Military Service
2/22/18 Prof. Jim Hoefler
Hamilton
4/3/2019
9
Military Service
2/22/18 Prof. Jim Hoefler
Washington
1774: Seat on the local Committee of Safety, a pro‐revolution group
1775: Appointed as a colonel of the Orange County militia, serving as his father's second‐in‐command.
1776: Described as small and sickly. Leaves service to become a politician, never saw a battlefield.
Military Service
2/22/18 Prof. Jim Hoefler
Madison
1775: Appointed Colonel and commander of the Albemarle County Militia.
1776: Leaves service to become a politician, never set foot on a battlefield.
1781: Virginia Governor, Jefferson fled Richmond as British troops approached and proceeded to burn Richmond to the ground.
Military Service
2/22/18 Prof. Jim Hoefler
Jefferson
4/3/2019
10
Escaped to take refuge in his secondary plantation, Poplar Forest (10 miles SE of Lynchburg, VA)
Military Service
Suspected of cowardice and accused of dereliction of duty,but later exonerated by the General Assembly.
2/22/18 Prof. Jim Hoefler
Jefferson
2/22/18 Prof. Jim Hoefler
MadisonWashington HamiltonJefferson
Founding FatherAdmiration Index
Overcoming obstacles 3/10 2/10 0/10 10/10
Military service 10/10 1/10 0/10
Character
Writing
Legacy
FFAI
2/22/18 Prof. Jim Hoefler
MadisonWashington HamiltonJefferson
Founding FatherAdmiration Index
Overcoming obstacles 3/10 2/10 0/10 10/10
Military service 10/10 1/10 0/10 10/10
Character
Writing
Legacy
FFAI
4/3/2019
11
• ”Owned” slaves since age 11, inheriting 10 from his father upon his death
• Owned scores of slaves over his lifetime.
• 123 at time of death
• Emancipated in will, but only after Martha’s death.
Character: Slavery
2/22/18 Prof. Jim Hoefler
Washington
• Born on a 4,000‐acre Virginia plantation w/ 100+ slaves
• Was attended by enslaved “manservant” in Philadelphia while serving in Continental Congress
• Like Jefferson, opposed slave trade and was “troubled” by slavery, but owned slaves his entire life
• Believed those with darker skin inferior
• Africans could never be assimilated; advocated “colonization” (American Colonization Society)
• Did NOT emancipate his slaves upon his death2/22/18 Prof. Jim Hoefler
Madison
Character: Slavery
• Inherits a 5,000 acre plantation with 52 slaves at age 24
• Inherits 2 more plantations and 135 slaves at 29
• Opposed slave trade, but held 100+ slaves
• Had a long‐term relationship with Sally Hemings, a slave at Monticello, fathering as many as 6 children with her
• Believed in racial superiority, advocated “colonization”
2/22/18 Prof. Jim Hoefler
Jefferson
Character: Slavery
4/3/2019
12
• Tadeusz Kościuszko, Lithuanian nationalist, Revolutionary War engineer; left enough money to Jefferson in his will (1817) to cover value of his slaves, and begged that they be emancipated.
• Upon his death in 1827, his remaining 130 slaves at Monticello were sold to pay off Jefferson’s considerable debts
2/22/18 Prof. Jim Hoefler
JeffersonKościuszko
Character: Slavery
2/22/18 Prof. Jim Hoefler
Jefferson
Character: Slavery
It is hard to grasp Hamilton’s later politics [committed and staunch abolitionist his entire life] without contemplating the raw cruelty that he witnessed as a boy and that later deprived him of the hopefulness so contagious in the American milieu.
2/22/18 Prof. Jim Hoefler
Hamilton
Character: Slavery
4/3/2019
13
• 1785 formed the New York Manumission Society, an organization dedicated to abolishing slavery in New York and instrumental in doing so.
• A sarcastic swipe at Madison and Jefferson (1791):
As to the negroes, you must be tender upon that subject. . . . Who talk most about liberty and equality . . . ? Is it not those who hold the bill of rights in one hand and a whip for affrighted slaves in the other?”
2/22/18 Prof. Jim Hoefler
Hamilton
Character: Slavery
• Saw them as worthy and attempted to treat them humanely, provide them with safe havens, and give them opportunities to assimilate into the “new” American society.
• Oversaw creation of several treaties; attempted to see to their enforcement.
• Tried (but failed) to hold back settlers who pillaged and plundered Native Americans peoples and lands as the settlers moved west.
• I believe scarcely anything short of a Chinese wall, or a line troops, will restrain Land jobbers, and the encroachment of settlers upon the Indian territory.
2/22/18 Prof. Jim Hoefler
Washington
Character: Native Americans
• Called the Shawnees a ‘perfidious people’
• Considered all Native Americans to be “savages.”
2/22/18 Prof. Jim Hoefler
Madison
Character: Native Americans
4/3/2019
14
• Believed Native American peoples to be a noble race who were In body and mind equal to the whiteman” and were endowed with an innate moral sense and a marked capacity for reason.
But alas . . .
• Jefferson developed plans for Indian Removal to lands west of the Mississippi, including forced removal such as that carried out by later presidents including Andrew Jackson’s Trail of Tears.
2/22/18 Prof. Jim Hoefler
Jefferson
Character: Native Americans
• Always championed a humane, enlightened policy toward the Native American peoples.
• Wrote to Washington of his outrage when native Americans were treated badly by encroaching settlers, as they so often were.
• 1793: Joined the board of trustees of a new school in upstate New York to educate white and native American students, side‐by‐side.
• Native American students ‐‐ taught both English and Indian languages.
2/22/18 Prof. Jim Hoefler
Hamilton
Character: Native Americans
• Hamilton‐Oneida Academy, renamed Hamilton College in 1812.
2/22/18 Prof. Jim Hoefler
Hamilton
Character: Native Americans
4/3/2019
15
2/22/18 Prof. Jim Hoefler
Hamilton
Character: Freedom of Speech
2/22/18 Prof. Jim Hoefler
Hamilton
. . . Told angry mob that, instead of promoting their cause, would “disgrace and injure the glorious cause of liberty.”
Character: Freedom of Speech
2/22/18 Prof. Jim Hoefler
HamiltonJefferson
Ambassador Genêt
Character: Forgiveness
Washington
4/3/2019
16
2/22/18 Prof. Jim Hoefler
Hamilton
Ambassador Genêt
Character: Charity
• Quietly raised money for single mothers and orphaned children
• Pro Bono work was legion
• In debt his whole life, despite modest lifestyle
2/22/18 Prof. Jim Hoefler
MadisonWashington HamiltonJefferson
Founding FatherAdmiration Index
Overcoming obstacles 3/10 2/10 0/10 10/10
Military service 10/10 1/10 0/10 10/10
Character 8/10 4/10 0/10
Writing
Legacy
FFAI
2/22/18 Prof. Jim Hoefler
MadisonWashington HamiltonJefferson
Founding FatherAdmiration Index
Overcoming obstacles 3/10 2/10 0/10 10/10
Military service 10/10 1/10 0/10 10/10
Character 8/10 4/10 0/10 10/10
Writing
Legacy
FFAI
4/3/2019
17
Federalist Papers: October 1787 ‐ August 1788
• Sway election of pro‐constitution delegates
• Sway delegates after election
• Entirely a Hamilton project
• Probably not key to final ratification
• Certainly key to interpretation of the Constitution ever since.
Jay Madison Hamilton
(636 total)
Federalist Papers
2/22/18 Prof. Jim Hoefler
General Bestmention known
Hamilton Madison Jay
Citations in Supreme Court Decisions (636 total)
Federalist Papers
2/22/18 Prof. Jim Hoefler
4/3/2019
18
Generalmention
Jay Madison Hamilton
# Federalist Papers authored
2/22/18 Prof. Jim Hoefler
SCOTUS Citations
Marbury v. Madison (1803)
Chief Justice John Marshall, Draws on Hamilton’s Federalist 78
Principle of Judicial Review— the court’s authority to declare acts of Congress unconstitutional
2/22/18 Prof. Jim Hoefler
Judiciary
Hamilton
Madison
Marshall
Federalist Papers
McCulloch v. Maryland (1819; James Monroe)
Chief Justice John Marshall, writing for the unanimous bench,draws on Hamilton’s theories of federal power as cited directly by the bank’s attorney, Daniel Webster
2/22/18 Prof. Jim Hoefler
Judiciary
Hamilton
Marshall
Webster
Federalist Papers
4/3/2019
19
Federalist Papers
2/22/18 Prof. Jim Hoefler
Federalist 61 (Hamilton)
2/22/18 Prof. Jim Hoefler
Hamilton
Necessary and Proper. . . . If the end be clearly comprehended within any of the specified powers, and if the measure [has] an obvious relation to that end, and is not forbidden by any particular provision of the Constitution—it may safely be deemed to come within the compass of the national authority.
Alexander HamiltonOpinion on the National Bank, 1791
Other significant writings
Political commentator and theorist
• Phocion (1784): RE: Anti‐Tory violence, he wrote that as a revolutionary veteran, he had
“too deep a share in the common exertions of this revolution to be willing to see its fruits blasted by the violence of rash or unprincipled men, without at least protesting against their designs.” Hamilton
Other significant writings
4/3/2019
20
• Reports: National Bank (1790); Manufactures (1791), Public Credit (1795)
• Catillus (1792): In defense of a strong central government in matters of commerce.
• Pacificus (1793): In defense of the Neutrality Proclamation (re: French declaration of war on British)
• Tully (1794): In support of a strong response to those perpetrating the Whisky Rebellion
Hamilton
Other significant writings
• In support of the Jay Treaty (1795): • The Defence (28 essays, 100,000 words), • Horatius• Camillus, and • Philo Camillus (in support of Camillus)
Hamilton
Other significant writings
In elaborate and thoughtful prose, Washington raised red flags about:
• Disunity
• False patriotism
• Special interests
• Extreme partisanship
• Fake news
• National debt
Other significant writings
4/3/2019
21
• Foreign alliances and foreign hatreds
• Most serious threats to our
democracy:
• Disunity within the country
• Rise of a president whose ego
and avarice would transcend the
national interest
Other significant writings
Hamilton
Other significant writings
2/22/18 Prof. Jim Hoefler
MadisonWashington HamiltonJefferson
Founding FatherAdmiration Index
Overcoming obstacles 3/10 2/10 0/10 10/10
Military service 10/10 1/10 0/10 10/10
Character 8/10 4/10 0/10 10/10
Writing 0/10 7/10 9/10
Legacy
FFAI
4/3/2019
22
2/22/18 Prof. Jim Hoefler
MadisonWashington HamiltonJefferson
Founding FatherAdmiration Index
Overcoming obstacles 3/10 2/10 0/10 10/10
Military service 10/10 1/10 0/10 10/10
Character 8/10 4/10 0/10 10/10
Writing 0/10 7/10 9/10 10/10
Legacy
FFAI
Legacy
Madison (Speaker of the House) Jefferson (Secretary of State) Join forces and break ranks with Hamilton RE:
• RESISTED growing powers of the federal government
• FEARED growth and concentration of economic power of
the northern cities
• PRESERVED rural life/heritage of southern way of life
(States Rights = slavery)
2/22/18 Prof. Jim Hoefler
Madison Hamilton
Jefferson Washington
Jefferson
Privately mocks Washington. Calls GW a stooge of Hamilton.
Mocks Hamilton and disparages the fact that he is “a foreigner” and a “bastard child”.
Suggested Hamilton feigned illness when he came down with near‐deadly case of Yellow Fever.
Is all but treasonous with regard to the French (who he adored) and British (who he abhorred). Citizen Genet is a prime example.
2/22/18 Prof. Jim Hoefler
Jefferson
Legacy
4/3/2019
23
MadisonBecomes Jefferson’s tool in Congress, though he often backs down from taking on Hamilton, whose capacity to argue is legendary.
Increasingly tied to his home Virginia and concerned about North‐South battle for the soul of the new country.
2/22/18 Prof. Jim Hoefler
Madison
Legacy
First Treasury Secretary: Finances
• Ensured that the war debt was paid
• Put country on sound financial footing
• Jay Treaty, towering advancement in realpolitik, foreign policy, and trade policy
• Promoter globalism, world trade, industrial and technological advancement, stock markets
• Spearheaded the establishment of a gold‐based dollar
2/22/18 Prof. Jim Hoefler
First Treasury Secretary: Finances
Hamilton
Legacy
Successfully argued for. . .
• A dynamic and powerful executive branch
• Capitalist revolution in America
• Assuming state debt to the country’s advantage
• The First Bank of the United States
• The U.S. Mint
2/22/18 Prof. Jim Hoefler
First Treasury Secretary: Finances
Hamilton
Legacy
4/3/2019
24
• Primary exponent of a standing professional military
• Revenue Cutter Service, birth of the U.S. Coast Guard
2/22/18 Prof. Jim Hoefler
Military
Hamilton
Legacy
• Continental Congressman
• One of 55 Delegates to the Constitutional Convention • ONE of FIVE youngest• ONE of 8 immigrants• ONLY immigrant not from Ireland, Scotland, England• ONLY orphan
Politician
Hamilton
• Delegate NY Ratifying Convention
• NY State Assemblyman
• 1st Secretary of the Treasury (7 years)
• Lead first organized political party (Federalists)
Politician
Hamilton
4/3/2019
25
Private life: Citizen
• Lawyer to the most important business and politicians in New York (even those who opposed him politically sought him out when in need)
• Noted supporter of the poor and destitute (despite his own modest means and less than modest debts)
• Active abolitionist: New York Manumission Society
• The New York Post Hamilton
2/22/18 Prof. Jim Hoefler
MadisonWashington HamiltonJefferson
Founding FatherAdmiration Index
Overcoming obstacles 3/10 2/10 0/10 10/10
Military service 10/10 1/10 0/10 10/10
Character 8/10 4/10 0/10 10/10
Writing 0/10 7/10 9/10 10/10
Legacy 6/10 7/10 8/10 10/10
FFAI
27/50
21/50
50/50
17/50
History
1st President (1789‐1797)
Burr
Killed in a duel(July 11, 1804)4th President
(1809‐1817)
MadisonHamilton
3rd President(1801‐1809)
Jefferson Washington
4/3/2019
26
In memoriam FFAI = 13 out of 30
2/22/18 Prof. Jim Hoefler
Washington
U.S.: 35 monuments + Argentina, Columbia, France,
Hungary, Mexico, Peru, Thailand, UK, Venezuela
In memoriam FFAI = 13 out of 30
2/22/18 Prof. Jim Hoefler
Washington
In memoriam FFAI = 13 out of 30
2/22/18 Prof. Jim Hoefler
Washington
4/3/2019
27
Washington
In memoriam
1 state; 31 U.S. Counties;Washington, DC +
56 municipalities (6 in PA)
FFAI = 13 out of 30
2/22/18 Prof. Jim Hoefler
Washington 10
In memoriam FFAI = 13 out of 30
2/22/18 Prof. Jim Hoefler
Washington
In memoriam FFAI = 11 out of 30
2/22/18 Prof. Jim Hoefler
Jefferson
4/3/2019
28
In memoriam FFAI = 11 out of 30
2/22/18 Prof. Jim Hoefler
Jefferson
In memoriam FFAI = 11 out of 30
2/22/18 Prof. Jim Hoefler
Jefferson
In memoriam
23 U.S. Counties;Jefferson City, MO (capital)
Jefferson Hills, PA
FFAI = 11 out of 30
2/22/18 Prof. Jim Hoefler
Jefferson
15
4/3/2019
29
In memoriam FFAI = 9 out of 30
2/22/18 Prof. Jim Hoefler
Madison
Library of Congress
In memoriam
19 U.S. Counties; 14 cities including Madison, WI (capital)
FFAI = 9 out of 30
2/22/18 Prof. Jim Hoefler
Madison
18
Central park, NY City
In memoriam FFAI = 30 out of 30
2/22/18 Prof. Jim Hoefler
Treasury Building, Washington, DC
Hamilton
4/3/2019
30
In memoriam
9 U.S. Counties; 3 municipalitiesincluding Hamilton, KS (pop. 268)
FFAI = 30 out of 30
2/22/18 Prof. Jim Hoefler
Hamilton
6
In memoriam FFAI = 30 out of 30
2/22/18 Prof. Jim Hoefler
Is this the best we can do?
Trinity Churchyard, Broadway, Manhattan, New York.
Alexander Hamilton. . . May you rest in peace?
Hamilton
C LM C MS BatB PotO MP MM JB TP LK W BoM A H
$ millions/year
Top grossing Broadway musicals of all time
2/22/18 Prof. Jim Hoefler
Still running on Broadway
4/3/2019
31
Good luck in your new location!
Hamilton
Alexander Hamilton: America’smost under‐rated Founder?
Prof. Jim Hoefler, Dickinson College
Dauphin County Bar AssociationTuesday, April 9, 2019
11:30‐ 1 PM, Harrisburg, PA
2/22/18 Prof. Jim Hoefler
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