Federalist No. 2

Insights - Federalist No. 2, authored by John Jay and published on October 31, 1787.

This document, authored by John Jay who later served as the first Chief Justice of the U.S. Supreme Court, provides arguments for maintaining a union of the states by ratifying the proposed Constitution. This particular essay expounds upon the importance of a united nation and the strength achieved through the oneness of the American people, presenting arguments that demonstrate strength in unity and the principles of federalism and governance. Jay identifies the significance of history and commonality coupled with the interdependence of the states in establishing a robust and lasting framework for American governance.

In 1787 and 1788, much of the discussion surrounding ratification of the proposed Constitution focused on whether the states should remain united as one nation, or each form their own separate union so the rights of the people could not be trampled by an unnecessarily powerful central government. Concerning this, John Jay wrote the following:

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 requisite powers. It is well worthy of consideration therefore, whether 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 powers which they are advised to place in one national government.[1]

Who can doubt the necessity of some form of government to help provide a sense of organization and harmony for people to live together as a society? Consequently, Jay is not wrong in his assessment of the need for government. Thomas Paine wrote “government, even in its best state, is a necessary evil; in its worst state, an intolerable one.”[2] Yet, even Paine recognized the need for government. Consequently, the question was never about the need for government. The question was: What will be the form and reach of government? Jay begins, in the following statement, by asserting that the American people, across the various states, share a common heritage and culture that transcends regional differences, and they ought to lean on the strength those commonalities provide.

With equal pleasure I have as often taken notice that Providence has been pleased to give this one connected country to one united people -- a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in their manners and customs, and who, by their joint counsels, arms, and efforts, fighting side by side throughout a long and bloody war, have nobly established general liberty and independence.[3]

Jay emphasizes that the shared language, religion, and customs of the American people foster unity among the citizens, creating a strong foundation for a federal government. (It should be noted here the deep contrast between Jay’s statements concerning how it is commonalities that afford cohesion as opposed to modern-day liberal contentions that commonalities are weaknesses and that it is diversity that provides strength.) He notes the dangers of disunity, arguing that a lack of cohesion could lead to the fragmentation of the nation, ultimately resulting in competition and conflict among states rather than a prosperous society.

Jay draws upon the historical context of the thirteen colonies, describing how they have united against a common adversary: British rule. This shared struggle against tyranny, he argues, should serve as a catalyst for continuing that unity in the face of new challenges. He was inspired that, during a time of tumult, the people of America had lifted themselves up by the bootstraps to from a government sound enough to defeat a superior foe. By invoking the sacrifices people made during the Revolutionary War, Jay reinforces the idea that the American identity is built on shared victories and collective efforts towards achieving liberty. Yet, a government haphazardly thrown together in tumultuous times would not see them through the coming decades and centuries.

Significantly, Federalist No. 2 goes beyond mere rhetoric; it articulates the pragmatic need for a strong central government to mediate relationships among the states. Jay makes it clear that a direct consequence of disunity is the potential for foreign powers to exploit divisions for their own gain. He warns of the implications of disintegration, suggesting that divergent interests could lead to intervention from outside forces. Therefore, the establishment of a common federal system becomes not just an ideal but a necessity for maintaining national integrity and security. He then added the following concerning those men who had given their minds and efforts to the formidable task designing the greatest governmental experiment known to men.

This convention, composed of men who possessed the confidence of the people, and many of whom had become highly distinguished by their patriotism, virtue and wisdom, in times which tried the minds and hearts of men, undertook the arduous task. In the mild season of peace, with minds unoccupied by other subjects, they passed many months in cool, uninterrupted, and daily consultation; and finally, without having been awed by power, or influenced by any passions except love for their country, they presented and recommended to the people the plan produced by their joint and very unanimous councils…But if the people at large had reason to confide in the men of that Congress, few of whom had been fully tried or generally known, still greater reason have they now to respect the judgment and advice of the convention, for it is well known that some of the most distinguished members of that Congress, who have been since tried and justly approved for patriotism and abilities, and who have grown old in acquiring political information, were also members of this convention, and carried into it their accumulated knowledge and experience. [4]

One of Jay’s finer points was the patriotism and trustworthiness of the men who, coming together to design this new government, had earned the trust and respect of the people. From the beginning, these were men who had taken the reins of a disunited people and held together a union that fought for and earned freedom. His point was that if these men were able to succeed in times of chaos, imagine the successful outcome now that they had been able to succeed in ferming a strong union under the far less strenuous circumstances of a constitutional convention. In Jay’s eyes, the outcome was far superior to decisions made in the heat of battle.

Federalist No. 2 encapsulates the essence of the federalist model envisioned byf the founders, addressing the ideal of unity throughout the American states. By promoting the virtues of a united identity, Jay lays the groundwork for significant conversations regarding governance, shared purpose, and the inherent responsibilities of citizenship. He also recognizes the consequences of disunity and an America consisting of divided, individual confederacies. Ultimately, this essay emphasizes how the perception of a united people lends strength to the legal and social frameworks that govern conduct within the new republic. It remains a powerful reflection on the ongoing balance between state and federal interests, encouraging citizens to recognize their role in shaping the nation’s destiny.

[1] Federalist No. 2

[2] Paine, Thomas, Common Sense, Fall River Press, 1995, p. 1.

[3] Federalist No. 2

[4] ibid

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