1787–1788
Read the documents that made the republic.
The Philadelphia convention finished in September 1787 with a proposal. It would take effect only if conventions in nine states agreed. The case for and against it was argued in public until the ninth state ratified in June 1788.
The Great Debate
Does a constitution need an explicit bill of rights?
Hamilton against Brutus, the Federal Farmer, and George Mason
Can a large republic remain free?
Madison against Brutus and Cato
Did the presidency combine energy with accountability, or open a path toward elective monarchy?
Hamilton against Cato and Luther Martin
- Federal union, or one government?
- How far do implied powers reach?
- Can Congress tax directly?
- Sixty-five men for thirteen states?
- Who sets the rules for elections?
- A standing army in peacetime?
- Six-year terms for senators?
- Should the Senate share the treaty power?
- How independent should judges be?
- What happens to civil juries?
- Could the Convention do this at all?
- What did the Constitution do about slavery?
How independent should the federal judiciary be?
Alexander Hamilton, The Federalist No. 78 · McLean's edition, May 28, 1788
“…the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.”
Brutus XV · New-York Journal, March 20, 1788
“I have said that the judges under this system will be independent in the strict sense of the word: To prove this I will shew — That there is no power above them that can controul their decisions, or correct their errors.”