In Essay #43, The Powers Conferred by the Constitution Further Considered, Madison stays in his scholarly form by presenting a highly detailed and methodical argument for what he calls a “fourth class” of “miscellaneous powers.”

These include:

  • the power to grant patents and copyrights,
  • the power to pass all laws governing the capital city and federal buildings,
  • the power to guarantee the republican form of government in each state,
  • the power to protect each state against invasion and domestic violence
  • the power to pay off all debts acquired by the United States under the Articles of Confederation;
  • the power to provide for amendments to the Constitution to be ratified by the states;
  • the power to determine the definition of and punishment for treason, and
  • the power to admit new states.

The Federal Government cannot, however, join two or more states or separate off part of a state to form a new state without the prior consent of the states involved.

Madison concludes by defending that the Constitution will come into effect once nine states ratify it – arguing that it would be unfair and unwise to let the objections of a few states hold hostage the interests of the great majority.

Credit for the summary and analysis of Essay #43 is given to Brittany Nelson and Christopher Higgins (second revision 09/15/2011). Weinbloom, Elizabeth ed. “The Federalist Papers Essay #43 Summary and Analysis”. GradeSaver, 30 December 2011 Web. 30 January 2019.

You can read the summary and analysis of Essay #43 by clicking HERE.

You can read the entire text of Essay #43 by clicking HERE.

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