Federalist No. 10 Excerpts Annotated

Excerpts from Federalist No. 10 by James Madison

November 22, 1787

Among the numerous advantages promised by a well constructed union, none deserves to be more accurately developed, than its tendency to break and control the violence of faction… The instability, injustice, and confusion, introduced into the public councils, have, in truth, been the mortal diseases under which popular governments have every where perished;¹ …Complaints are every where heard from our most considerate and virtuous citizens, …that our governments are too unstable; that the public good is disregarded in the conflicts of rival parties; and that measures are too often decided, not according to the rules of justice, and the rights of the minor party, but by the superior force of an interested and overbearing majority.² …It will be found, indeed, on a candid review of our situation, that some of the distresses under which we labor, have been erroneously charged on the operation of our governments…These must be chiefly, if not wholly, effects of the unsteadiness and injustice, with which a factious spirit has tainted our public administrations.³

By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.⁴

There are two methods of curing the mischiefs of faction: The one, by removing its causes; the other, by controlling its effects.

There are again two methods of removing the causes of faction: The one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests.⁵

It could never be more truly said, than of the first remedy, that it is worse than the disease. Liberty is to faction, what air is to fire, an aliment, without which it instantly expires. But it could not be a less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.⁶

The second expedient is as impracticable, as the first would be unwise.⁷ As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed…⁸ The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to an uniformity of interests.⁹ The protection of these faculties, is the first object of government. From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties.¹⁰

The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society. A zeal for different opinions concerning religion, concerning government, and many other points, as well of speculation as of practice; an attachment to different leaders, ambitiously contending for pre-eminence and power; or to persons of other descriptions, whose fortunes have been interesting to the human passions, have, in turn, divided mankind into parties, inflamed them with mutual animosity, and rendered them much more disposed to vex and oppress each other, than to co-operate for their common good.¹¹ So strong is this propensity of mankind, to fall into mutual animosities, that where no substantial occasion presents itself, the most frivolous and fanciful distinctions have been sufficient to kindle their unfriendly passions, and excite their most violent conflicts. But the most common and durable source of factions, has been the various and unequal distribution of property. Those who hold, and those who are without property, have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a monied interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views.¹² The regulation of these various and interfering interests, forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of government.¹³

No man is allowed to be a judge in his own cause; because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity…Is a law proposed concerning private debts? It is a question to which the creditors are parties on one side, and the debtors on the other. Justice ought to hold the balance between them. Yet the parties [within the legislature] are, and must be, themselves the judges; and the most numerous party, or, in other words, the most powerful faction, must be expected to prevail. Shall domestic manufactures be encouraged, and in what degree, by restrictions on foreign manufactures? are questions which would be differently decided by the landed and the manufacturing classes; and probably by neither with a sole regard to justice and the public good. The apportionment of taxes, on the various descriptions of property, is an act which seems to require the most exact impartiality; yet there is, perhaps, no legislative act in which greater opportunity and temptation are given to a predominant party, to trample on the rules of justice. Every shilling with which they over-burden the inferior number, is a shilling saved to their own pockets.¹⁴

It is in vain to say, that enlightened statesmen will be able to adjust these clashing interests, and render them all subservient to the public good. Enlightened statesmen will not always be at the helm…¹⁵

The inference to which we are brought, is, that the causes of faction cannot be removed; and that relief is only to be sought in the means of controlling its effects.¹⁶

If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views, by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the constitution.¹⁷ When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest, both the public good and the rights of other citizens. To secure the public good, and private rights, against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed. Let me add, that it is the great desideratum, by which alone this form of government can be rescued from the opprobrium under which it has so long labored, and be recommended to the esteem and adoption of mankind.¹⁸

By what means is this object attainable? Evidently by one of two only. Either the existence of the same passion or interest in a majority, at the same time, must be prevented; or the majority, having such co-existent passion or interest, must be rendered, by their number and local situation, unable to concert and carry into effect schemes of oppression. If the impulse and the opportunity be suffered to coincide, we well know, that neither moral nor religious motives can be relied on as an adequate control…¹⁹

From this view of the subject, it may be concluded, that a pure democracy, by which I mean, a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert, results from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party, or an obnoxious individual. Hence it is, that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general, been as short in their lives, as they have been violent in their deaths.²⁰ Theoretic politicians, who have patronized this species of government, have erroneously supposed, that, by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and assimilated in their possessions, their opinions, and their passions.

A republic, by which I mean a government in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking. Let us examine the points in which it varies from pure democracy, and we shall comprehend both the nature of the cure and the efficacy which it must derive from the union.²¹

The two great points of difference, between a democracy and a republic, are, first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens, and greater sphere of country, over which the latter may be extended.²²

The effect of the first difference is, on the one hand, to refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice, will be least likely to sacrifice it to temporary or partial considerations. Under such a regulation, it may well happen, that the public voice, pronounced by the representatives of the people, will be more consonant to the public good, than if pronounced by the people themselves, convened for the purpose. On the other hand, the effect may be inverted. Men of factious tempers, of local prejudices, or of sinister designs, may by intrigue, by corruption, or by other means, first obtain the suffrages, and then betray the interests of the people. The question resulting is, whether small or extensive republics are most favorable to the election of proper guardians of the public weal; and it is clearly decided in favor of the latter by two obvious considerations.²³

In the first place… if the proportion of fit characters be not less in the large than in the small republic, the former will present a greater option, and consequently a greater probability of a fit choice.

In the next place, as each representative will be chosen by a greater number of citizens in the large than in the small republic, it will be more difficult for unworthy candidates to practice with success the vicious arts, by which elections are too often carried; and the suffrages of the people being more free, will be more likely to centre in men who possess the most attractive merit, and the most diffusive and established characters.²⁴

It must be confessed, that in this, as in most other cases, there is a mean, on both sides of which inconveniences will be found to lie. By enlarging too much the number of electors, you render the representative too little acquainted with all their local circumstances and lesser interests; as by reducing it too much, you render him unduly attached to these, and too little fit to comprehend and pursue great and national objects.²⁵ The federal constitution forms a happy combination in this respect; the great and aggregate interests, being referred to the national, the local and particular to the state legislatures.²⁶

The other point of difference is, the greater number of citizens, and extent of territory, which may be brought within the compass of republican, than of democratic government; and it is this circumstance principally which renders factious combinations less to be dreaded in the former, than in the latter. The smaller the society, the fewer probably will be the distinct parties and interests composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party; and the smaller the number of individuals composing a majority, and the smaller the compass within which they are placed, the more easily will they concert and execute their plans of oppression. Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other…²⁷

Hence it clearly appears, that the same advantage , which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over a small republic…is enjoyed by the union over the states composing it.²⁸ Does this advantage consist in the substitution of representatives, whose enlightened views and virtuous sentiments render them superior to local prejudices, and to schemes of injustice? It will not be denied, that the representation of the union will be most likely to possess these requisite endowments. Does it consist in the greater security afforded by a greater variety of parties, against the event of any one party being able to outnumber and oppress the rest? In an equal degree does the increased variety of parties, comprised within the union, increase this security. Does it, in fine, consist in the greater obstacles opposed to the concert and accomplishment of the secret wishes of an unjust and interested majority? Here, again, the extent of the union gives it the most palpable advantage.²⁹

The influence of factious leaders may kindle a flame within their particular states, but will be unable to spread a general conflagration through the other states:³⁰ a religious sect may degenerate into a political faction in a part of the confederacy; but the variety of sects dispersed over the entire face of it, must secure the national councils against any danger from that source: a rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the union, than a particular member of it; in the same proportion as such a malady is more likely to taint a particular county or district, than an entire state.

In the extent and proper structure of the union, therefore, we behold a republican remedy for the diseases most incident to republican government. And according to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit, and supporting the character of federalists.³¹

Annotations

¹One of the most important benefits of a well-constructed union is that the structure helps solve the problems created by factions.

²A common problem of government is that decisions are made based on the selfish will of a majority rather than based on justice and the public good.

³Some of the problems that we blame on the operation of governments are really caused by conflicts among factions and by the tyranny of the majority.

⁴Publius (in this case, Madison) defines a faction as a group of citizens who are united by some common goal that is opposed to the rights of others or to the common good.

⁵There are two methods of removing the causes of factions: 1. Destroy liberty; 2. Give everyone the same opinions and interests.

⁶The first remedy, removing liberty, is worse than the disease of faction. Liberty is as necessary in political life as air is necessary to fire.

⁷Remedy 2: It would be both impossible and unwise to try to give everyone the same opinions.

⁸Individual differences in thoughts, skills, and interests give rise to property rights.

⁹Diversity in people’s abilities and interests is part of human nature, and it is the job of government to protect that diversity.

¹⁰Individual differences in opinions and interests will always cause people to seek out groups and associations.

¹¹The causes of faction, natural differences among people, have often caused them to argue and to oppress one another.

¹²There are many possible causes of faction, but the most common cause is the unequal distribution of property.

¹³Regulation of conflict among factions is the main task of writing laws, and the harmful spirit of faction is part of the ordinary operation of government.

¹⁴When writing laws on topics like debts, restrictions on imports, and taxation, people can be expected to disagree, based on what is best for their own personal situations.

¹⁵It is not satisfactory to say that wise leaders can resolve all these natural differences; wise leaders will not always be available.

¹⁶Since the causes of faction are a permanent part of human nature, government must be designed to control its effects.

¹⁷If a harmful faction is in the minority, its harm can be controlled by majority rule.

¹⁸When a harmful faction includes the majority, simply putting questions to a vote endangers the individual rights of the minority.

¹⁹We cannot rely on either religious or moral motives in order to control the evils of a majority faction.

²⁰In a pure democracy there is no check on a majority taking advantage of those who hold minority opinions.

²¹A republic is a system of government in which people elect representatives to express the public will. In a democracy, the people directly express the public will themselves.

²²In a republic there is a smaller number of people in charge of conducting the business of government, and a greater number of citizens who are represented.

²³In a republic, the voice of the people is passed through representatives who have been chosen because they are patriotic and love justice. This process is more likely to achieve the common good than if the people voted in a direct democracy.

²⁴The public good is safer in a large republic than in a small one. In a small republic it is more likely that corrupt men could persuade people to elect them to power. In a large republic there are more potential candidates to choose from and it is less likely that local passions will control elections.

²⁵While a large republic is better than a small one, it is possible for a republic to be so large that the elected officials are not really familiar with the needs and wishes of those who elected them.

²⁶The Constitution resolves this problem because national interests will be represented by the central government, and state governments will still deal with issues that only affect state or regional interests.

²⁷In a large republic it becomes less likely that a majority will have a common motive to deprive people of their individual rights.

²⁸Just as a republic is better than a democracy in controlling the mischiefs of factions, a large republic is better than a small one.

²⁹A large republic makes it more likely that individual rights will be protected because it is harder for anyone to gain a position to oppress others.

³⁰Factious (selfish, corrupt, power-hungry) leaders are less likely to gain power in a large republic than in a small one.

³¹The best remedy for the republican disease of faction is republicanism itself.