SCOTUS Citations of the Federalist Papers: POLICYAlexander Hamilton Penguin Publishing Group ... Washington Madison Jefferson Hamilton Founding Father ... Character 8/10 4/10 0/10

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



MadisonWashington HamiltonJefferson

Founding FatherAdmiration Index

Overcoming obstacles

Military service

Character

Writing

Legacy

FFAI

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2

Mount Vernon, Virginia

Homes


Washington

Montpellier, Virginia

Homes


Madison

Monticello, Virginia

Homes


Jefferson

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3

Charlestown, Saint Kitts and Nevis, West Indies

Homes


Hamilton

West 141st St. St. Nicholas Park, New York City, New York

Homes


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


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


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


Madison

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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


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


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


Hamilton

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• 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


Hamilton




Overcoming obstacles 3/10 2/10 0/10

Military service

Character

Writing

Legacy

FFAI




Overcoming obstacles 3/10 2/10 0/10 10/10

Military service

Character

Writing

Legacy

FFAI

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(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


Hamilton

Military Service


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


Hamilton

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Military Service


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


Hamilton

1794, Whiskey Rebellion, as Secretary of the Treasury (39)

Military Service


Hamilton

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Military Service


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


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


Jefferson

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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.


Jefferson





Military service 10/10 1/10 0/10

Character

Writing

Legacy

FFAI





Military service 10/10 1/10 0/10 10/10

Character

Writing

Legacy

FFAI

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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


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”


Jefferson

Character: Slavery

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• 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


JeffersonKościuszko

Character: Slavery


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.


Hamilton

Character: Slavery

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• 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?”


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.


Washington

Character: Native Americans

• Called the Shawnees a ‘perfidious people’

• Considered all Native Americans to be “savages.”


Madison


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• 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.


Jefferson


• 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.


Hamilton


• Hamilton‐Oneida Academy, renamed Hamilton College in 1812.


Hamilton


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Hamilton

Character: Freedom of Speech


Hamilton

. . . Told angry mob that, instead of promoting their cause, would “disgrace and injure the glorious cause of liberty.”

Character: Freedom of Speech


HamiltonJefferson

Ambassador Genêt

Character: Forgiveness

Washington

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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






Character 8/10 4/10 0/10

Writing

Legacy

FFAI






Character 8/10 4/10 0/10 10/10

Writing

Legacy

FFAI

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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


General Bestmention known

Hamilton Madison Jay

Citations in Supreme Court Decisions (636 total)

Federalist Papers


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Generalmention

Jay Madison Hamilton

# Federalist Papers authored


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


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


Judiciary

Hamilton

Marshall

Webster

Federalist Papers

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Federalist Papers


Federalist 61 (Hamilton)


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


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• 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


• In support of the Jay Treaty (1795): • The Defence (28 essays, 100,000 words), • Horatius• Camillus, and • Philo Camillus (in support of Camillus)

Hamilton


In elaborate and thoughtful prose, Washington raised red flags about:

• Disunity

• False patriotism

• Special interests

• Extreme partisanship

• Fake news

• National debt


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• 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


Hamilton







Character 8/10 4/10 0/10 10/10

Writing 0/10 7/10 9/10

Legacy

FFAI

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22






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)


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.


Jefferson

Legacy

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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.


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



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



Hamilton

Legacy

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• Primary exponent of a standing professional military

• Revenue Cutter Service, birth of the U.S. Coast Guard


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

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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






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

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In memoriam FFAI = 13 out of 30


Washington

U.S.: 35 monuments + Argentina, Columbia, France,

Hungary, Mexico, Peru, Thailand, UK, Venezuela



Washington



Washington

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27

Washington

In memoriam

1 state; 31 U.S. Counties;Washington, DC +

56 municipalities (6 in PA)

FFAI = 13 out of 30


Washington 10



Washington



Jefferson

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28



Jefferson



Jefferson

In memoriam

23 U.S. Counties;Jefferson City, MO (capital)

Jefferson Hills, PA

FFAI = 11 out of 30


Jefferson

15

4/3/2019

29



Madison

Library of Congress

In memoriam

19 U.S. Counties; 14 cities including Madison, WI (capital)

FFAI = 9 out of 30


Madison

18

Central park, NY City



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


Hamilton

6



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


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


Documents

SCOTUS Citations of the Federalist Papers: POLICYAlexander Hamilton Penguin Publishing Group ... Washington Madison Jefferson Hamilton Founding Father ... Character 8/10 4/10 0/10