Quilling illustration for Federalist Nos. 9-10
Federalist Nos. 9-10

The Union as a Safeguard Against Domestic Faction and Insurrection

Generated summaryHamilton and Madison argue that a large confederate union, not a small state, is the real fix for the instability that has destroyed every popular government before now, since size and structure make faction harder to organize and insurrection impossible to spread.

Federalist 9

Generated summaryA confederate republic keeps each state’s own government while giving the whole the strength to put down insurrection, corruption, or usurpation in any one of its members.
Key points
  • A firm Union is the great barrier against domestic faction and insurrection.
  • The petty republics of Greece and Italy were scenes of ceaseless turmoil, and despotism’s advocates use their disorders to argue against republican liberty itself.
  • But the science of politics has improved, giving us separation of powers, checks and balances, judges holding office during good behavior, and representation.
  • To these I add one more improvement: enlarging the sphere by consolidating smaller states into one confederacy.
  • Opponents cite Montesquieu for small republics, but his models were tinier than our states, and his rule would drive us to monarchy or a swarm of clashing commonwealths.
  • Montesquieu himself endorses the confederate republic: it joins a republic’s internal advantages to a monarchy’s external force, and lets the sound parts quell insurrection or usurpation in any one.
  • The objection that a true confederacy cannot touch individuals is arbitrary; the plan keeps the states as constituent parts, with Senate representation and reserved powers.

A firm Union matters most to the states’ peace and liberty, a barrier against domestic faction and insurrection. No one can read the history of the petty republics of Greece and Italy without horror. They swung between tyranny and anarchy. From those disorders the friends of despotism argue against republican forms, and against civil liberty itself. But a few structures built on liberty have lasted for ages and proved them wrong. I trust America will found others, lasting monuments of their error.

Their portraits were fair copies. Without better models, liberty’s friends could not have defended republican government. But the science of politics has greatly improved. We now grasp rules the ancients barely knew, or did not know at all. Power is split into distinct departments; the legislature has checks and balances; judges hold office during good behavior; the people send deputies they elect. By these new means republican government may keep its strengths and lessen its faults.

To this list I add one more: enlarging the orbit within which such systems revolve, joining smaller states into one confederacy. A confederacy is no new idea: it puts down faction, guards peace at home, and adds strength abroad. Opponents cite Montesquieu on the need for a small territory in a republic. But his models were far smaller than almost all of these states. Take his rule as the test, and we must choose monarchy or an infinity of little, clashing commonwealths. Some would divide the larger states, a desperate scheme that could never serve America’s greatness.

Montesquieu’s own words favor the Union. His rule would only shrink the largest members. It does not bar joining them all in one confederate government, the true question here. Far from opposing union, he treats the confederate republic as the way to spread popular government. That form joins a monarchy’s strengths to a republic’s.

A member who tried to usurp the supreme authority could not hold equal credit in every state. Should he subdue a part, the free states could overpower him before his usurpation settled. Should a popular insurrection rise in one state, the others can quell it. Should abuses creep into one part, the sound parts mend them. Even if the confederacy broke up, its members would keep their sovereignty. Made of small republics, it has the happiness of each at home and the force of large monarchies abroad.

Some draw a distinction, more subtle than accurate, between a confederacy and a consolidation. A confederacy, they say, binds states as bodies, never the people, so the national council should touch no internal affairs. Equal votes for each member are urged as another mark. These positions are in the main arbitrary, backed by neither principle nor precedent. I will show that wherever this principle prevailed, it caused incurable disorder and weakness.

A confederate republic is simply “an assemblage of societies,” two or more states joined into one. So long as the members keep their own governments for local needs, the whole remains a confederacy, even when fully subject to the union. Far from wiping out the state governments, the proposed Constitution makes them part of the national sovereignty. They keep seats in the Senate and sovereign powers of their own. In the Lycian confederacy the larger cities held more votes, and its common council named each city’s judges and magistrates. Yet Montesquieu called Lycia his model of an excellent confederate republic. These distinctions are new refinements of a false theory.

Federalist 10

Generated summaryYou cannot remove faction without destroying liberty, so the cure is to control its effects. A large republic does this by multiplying interests until no single faction can dominate the whole.
Key points
  • The Union’s chief advantage is its tendency to break and control the violence of faction.
  • A faction is any group, majority or minority, united by a passion or interest adverse to others’ rights or the common good.
  • Faction can be cured two ways — by removing its causes or controlling its effects — but its causes cannot be removed without destroying liberty itself.
  • Those causes are sown in human nature, above all in the unequal distribution of property, so we must instead control faction’s effects.
  • A minority faction the majority can simply outvote; the real danger is a majority faction, which popular government otherwise lets oppress at will.
  • A pure democracy cannot check a majority faction; only a republic, governing through elected representatives, opens the cure.
  • Extend the sphere: a large republic holds so many parties and interests that an oppressive majority is harder to form and harder to unite.
  • So in the extent and structure of the Union lies a republican remedy for the diseases most common to republican government.

Of all the things a well-built Union promises, none matters more than its power to break and control the violence of faction. Popular governments everywhere have died of instability, injustice, and confusion, and the enemies of liberty love to say so. Our American constitutions improved on the old models, but they have not removed the danger. Honest citizens still complain that our governments are unstable, and that the public good gets lost in the fight between rival parties. Too often the stronger side wins by force of numbers rather than by justice. The complaints are, in some degree, true. By a faction I mean a group of citizens, a majority or a minority, united by a shared passion or interest. What marks it as a faction: that interest runs against the rights of others, or against the lasting good of the community.

There are two ways to cure the harms of faction: remove its causes, or control its effects. Its causes can be removed in only two ways: destroy the liberty that lets it live, or give every citizen the same opinions, passions, and interests. The first cure is worse than the disease. Liberty is to faction what air is to fire. To kill liberty because it feeds faction would be as foolish as to wish away air because it feeds fire.

The second way is just as hopeless. As long as men can reason, and reason can be wrong, they will hold different opinions. Men also differ in their abilities, and from different abilities come different amounts and kinds of property. Protecting those abilities is the first job of government; it is also what splits society into interests and parties. The seeds of faction are sown in human nature. Men have fought over religion, over government, over rival leaders, even over trivial distinctions when nothing real was at stake. But the most common and lasting source of faction is the unequal division of property. Owners and the propertyless, creditors and debtors, land, manufacturing, trade, and money: every civilized nation divides into classes with different views. Regulating these clashing interests is the main task of modern lawmaking, and it pulls party spirit into the daily work of government.

No man may judge his own case, because his interest would bias his judgment. Yet what are many of the most important acts of legislation but judgments on the rights of large groups of citizens, made by the very parties whose rights are at stake? On debts, creditors sit on one side and debtors on the other. On tariffs, the landed and manufacturing classes vote their own interests. On taxes, the ruling party can shift the burden onto the weaker one and save every shilling for itself. It is no answer that enlightened statesmen will balance these interests for the public good. Enlightened statesmen will not always be at the helm.

The conclusion: the causes of faction cannot be removed. Relief lies only in controlling its effects. A minority faction is the lesser danger: the republican principle lets the majority defeat it by a regular vote. It may clog government and disturb society, but it cannot carry out its violence under the forms of the Constitution. The real danger is a majority faction. Then popular government itself lets the majority sacrifice the public good, and the rights of others, to its ruling passion or interest. Our great object is to guard against that and still keep popular government. There are only two ways. Keep any one passion or interest from seizing a majority at the same moment, or make a majority that shares one unable to combine and act. Moral and religious scruples will not do it; they weaken as numbers grow, just when they are needed most.

A pure democracy, a small society whose citizens assemble and govern in person, has no cure for faction. A common passion or interest will nearly always grip a majority. The form of government itself helps them combine, and nothing protects the weaker party or a hated individual. Such democracies have always been turbulent, hostile to personal security and property, and as short in their lives as they were violent in their deaths.

A republic, by which I mean government through representation, promises the cure. It differs from a democracy in two ways. The people delegate government to a small number they elect. And a republic can cover more people and more territory. Delegation filters public views through a chosen body whose wisdom may see the country’s true interest best. It can also go wrong: men of factious temper can win office and betray the people. So which picks fit guardians better, a small republic or a large one? The large one, for two reasons. Representatives do not grow in proportion to the people. If fit men are no scarcer in the large republic than in the small, the large one offers a wider choice. And each representative is chosen by more voters, so cheap election tricks work less well and proven merit counts for more. There is a limit on both sides: too many electors, and representatives lose touch with local circumstances; too few, and they never rise above them. The federal Constitution forms a happy combination: the great national interests go to Congress, the local ones to the state legislatures.

The second difference matters even more. The smaller the society, the fewer distinct parties and interests, and the easier it is for one majority to form and act as one. Enlarge the sphere and you take in more parties and interests. A majority with a motive to invade the rights of others becomes less likely. And even where such a motive exists, it is harder for all who feel it to find their strength and move together. So the advantage a republic has over a democracy, a large republic has over a small one, and the Union has over the states. A factious flame may burn through one state, but it cannot spread a general fire through the rest. A rage for paper money, for wiping out debts, for an equal division of property, or for any other wicked project will infect a single member sooner than the whole Union. In the same way a disease taints a county sooner than a state. In the size and structure of the Union we have a republican remedy for the diseases most common to republican government. And the pride we take in being republicans should fix our zeal as Federalists.