Hamilton argues that delegated authority cannot validly exceed its commission and that courts must prefer the Constitution when legislation irreconcilably conflicts with it.
About this source
Paragraphs beginning “There is no position” and “A constitution is in fact”; discussion of courts restraining legislative encroachments.
Ratification advocacy, not an enacted law or court holding. First book publication was May 28; newspaper appearances followed June 14, 17, and 20. This is a scholarly transcription of the primary text, not a manuscript scan. Modern annotations have separate copyright.
Archival links:
Full primary text, textual history and edition citation: https://founders.archives.gov/documents/Hamilton/01-04-02-0241
Date
1788-05-28 (book publication)
Credits
Alexander Hamilton, writing as Publius
Reference collection
Founders Online, National Archives / University of Virginia Press; from the Hamilton Papers, edited by Harold C
Archival identity and provenance reviewed. Historical source files preserved unchanged. No independent human proofreading. Complete 1788 first-edition Volume II facsimile preserved from LOC. No. 78 occupies printed pages 290–299, PDF pages 292–301. Complete Founders Online primary-text reading transcription, including Hamilton’s three notes, is also preserved. Modern editorial annotations omitted from that reading copy.
Modern reading derivative of the archival source identified on this record; not an original artifact. Layout visually reviewed. Complete primary-text reading transcription from Founders Online, including Hamilton’s three authorial notes; modern editorial annotations omitted. Browser-extracted source text was compared for continuous coverage. No scan of the 1788 printing has been acquired.
Follow-up preservation update, 12 October 2026: Complete 1788 first-edition Volume II facsimile preserved from LOC. No. 78 occupies printed pages 290–299, PDF pages 292–301. Complete Founders Online primary-text reading transcription, including Hamilton’s three notes, is also preserved. Modern editorial annotations omitted from that reading copy.
The Federalist: A Collection of Essays, Written in Favour of the New Constitution, Vol. II. New York: J. and A. M’Lean, 1788. Library of Congress item 09021562, resource rbc.2014jeff21562v2. No. LXXVIII occupies printed pages 290–299 (PDF pages 292–301). Complete digitized volume.
The Federalist: A Collection of Essays, Written in Favour of the New Constitution, Vol. II. New York: J. and A. M’Lean, 1788. Library of Congress item 09021562, resource rbc.2014jeff21562v2. No. LXXVIII occupies printed pages 290–299 (PDF pages 292–301). Complete digitized volume.
Source download: https://tile.loc.gov/storage-services/service/rbc/rbc0001/2014/2014jeff21562v2/2014jeff21562v2.pdf
Downloaded 12 October 2026; bytes preserved unchanged. SHA-256: 2c7108c9a87ba683b9f0d9ef7c5284bb70c55718f8e2503f87b64071fc41afcf. No claim of independently proofread embedded OCR.
Founders Online, National Archives / University of Virginia Press; from the Hamilton Papers, edited by Harold C. Syrett (Columbia University Press, 1962). Textual source: J. and A. McLean, The Federalist, II, 290–299 (1788).
Historical primary texts are public domain. Source institutions credited separately. Modern editorial annotations are not licensed for republication by this record.
