Publius

Both sides of the argument

The Ratification Debate

Eight challenges from Greenleaf's Journal, each paired with the Federalist papers written to answer it.

The Constitution had to be argued into existence. Through the winter of 1787–88 New York’s newspapers carried both sides — Publius building the case sheet by sheet, and in Thomas Greenleaf’s New-York Journal, Brutus and Cato taking it apart as fast as it went up.

This guide reads the argument the way the first readers met it: as exchanges. Each entry opens with the challenge as the opposition printed it, then the Federalist papers written — sometimes within days — to answer it.

  1. Can a republic be this large?

    Greenleaf’s Journal

    Brutus No. I: Against the Consolidated Republic

    Brutus opens the opposition's case: no free republic has ever governed a territory so vast, and this one must end in consolidation. Madison's answer turns the premise around — the republic's size is what makes it safe from faction.

  2. Where is the bill of rights?

    Greenleaf’s Journal

    Brutus No. II: The Missing Bill of Rights

    Rights not expressly reserved will be presumed surrendered, Brutus warns. Hamilton answers that enumerating rights is needless and even dangerous — an argument the state conventions soon overruled by demanding amendments.

  3. Is the presidency an elective king?

    Greenleaf’s Journal

    Cato No. IV: The President as Elective King

    Cato reads Article II and sees a monarch in waiting — term, army, pardon, court of favorites. Hamilton spends three essays on the office, comparing it clause by clause with the British crown.

  4. Can sixty-five members speak for three million?

    Greenleaf’s Journal

    Brutus No. IV: Too Few to Speak for So Many

    A true representation should be a miniature of the people, Brutus argues, and so small a House will belong to the conspicuous few. Madison defends both the number and the character of the men it will elect.

  5. Is there anything Congress cannot do?

    Greenleaf’s Journal

    Brutus No. VI: The Sweeping Clause

    General welfare joined to necessary-and-proper reads, to Brutus, as a power without limits. Hamilton answers that the clauses grant nothing beyond the powers already given — a line courts have been drawing ever since.

  6. Who guards against standing armies?

    Greenleaf’s Journal

    Brutus No. X: The Danger of Standing Armies

    A standing army in peacetime is how free governments have been lost, Brutus warns, and the Constitution sets no limit on raising one. Hamilton's answer runs through half a dozen essays: union itself is the best security against large military establishments.

  7. Will the courts consolidate the government?

    Greenleaf’s Journal

    Brutus No. XII: Courts That Will Enlarge the Government

    Judges construing the Constitution by its spirit will enlarge national power case by case, Brutus predicts. Hamilton answers with the judiciary as the least dangerous branch — judgment, not force or will.

  8. Who checks the judges?

    Greenleaf’s Journal

    Brutus No. XV: Judges Accountable to No One

    Life-tenured judges whose errors no legislature can correct stand above the Constitution itself, Brutus closes. Hamilton answers that courts are bound by the Constitution they enforce — an exchange that arguments over judicial power still return to.