Federalist No. 2

Concerning Dangers from Foreign Force and Influence

John Jay

“Nothing is more certain than the indispensable necessity of government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights in order to vest it with the requisite powers.” Jay begins by enunciating the undeniable truth that government is necessary to the preservation of a well-mannered society. Without an enforcement mechanism in the form of a government, the only recourse for a grievance against your liberty would be through the force of your own action. In such a society, only the strongest, most well-armed citizens would enjoy liberty, while imposing tyranny upon those weaker than themselves.

Jay states this truth and calls attention to the fact that the real debate is not over the establishment of a government but , “weather it would conduce more to the interest of the people of America that they should, to all general purposes, be one nation, under one federal government, or that they should divide themselves into separate confederacies, and give to the head of each the same kind of power which they are advised to place in one national government.” The question was, 13 confederacies or 13 states joined in the Union. To establish the Union, each state would have to agree to confer some portion of State power to the Federal head, less the render the Federal government ineffectual.

Jay tended to highlight the connections each State had to one another. Their occupants were of the same descendants, spoke the same language, professed the same religion, held similar manners and customs, “who, by their joint counsels, arms, and efforts, fighting side by side throughout a long and bloody war, [had] nobly established general liberty and independence.” Not only were the habitants of the 13 states homogeneous, they had proven, through the war for independence, that they were a formidable strength when banned together.

Now, at the time of consideration of the Constitution, the question was whether to remain united or to separate into 13 sovereign territories. Jays position is clear; the States were stronger together. As the Constitution was being considered, the Articles of Confederation were in place. Jay, like Hamilton, believed that the Articles were inadequate to the sustainment of the Union, they left the Federal government ineffectual, neutered of the power requisite to unify the nation, deferring too much power to the States.

Jay made certain that the people of America knew that the Constitution was proposed and recommended and no imposed. It was to the people of the 13 states to determine their future government and Jay was merely one proponent of the adoption. Jay was concerned with the opinion of some opponents who proposed not one Federal government but three or four smaller confederacies, or no Federal government at all.

In the estimation of Jay, the Union, and the 13 states by extension, stood the best chance of survival through the adoption of a singular, uniting government, an argument that would be further developed in later papers.