Federalist No. 59
Federalist No. 59 is an essay by Alexander Hamilton, the fifty-ninth of The Federalist Papers. It was published on February 22, 1788, under the pseudonym Publius, the name under which all The Federalist Papers were published. This is the first of three papers discussing the power of Congress over the election of its own members, the other two papers in this series being Federalist No. 60 and Federalist No. 61. The title of the paper is "Concerning the Power of Congress to Regulate the Election of Members".
The Federalist Papers
The amount of deference that should be given to "The Federalist Papers" in constitutional interpretation has always been somewhat controversial. As early as 1819, Chief Justice John Marshall noted in the famous case "McCulloch v. Maryland", that "the opinions expressed by the authors of that work have been justly supposed to be entitled to great respect in expounding the Constitution. No tribute can be paid to them which exceeds their merit; but in applying their opinions to the cases which may arise in the progress of our government, a right to judge of their correctness must be retained." In a letter to Thomas Ritchie in 1821, he stated that "the legitimate meaning of the Instrument must be derived from the text itself; or if a key is to be sought elsewhere, it must be not in the opinions or intentions of the Body which planned & proposed the Constitution, but in the sense attached to it by the people in their respective State Conventions where it recd. all the authority which it possesses."