Federalist No. 68
Federalist No. 68 is the 68th essay of "The Federalist Papers", and was published on March 12, 1788. It is probably written by Alexander Hamilton under the pseudonym "Publius", the name under which all of the Federalist Papers were published. Since all of them were written under this pseudonym, who wrote what cannot be verified with certainty. Entitled "The Mode of Electing the President", No. 68 describes a perspective on the process of selecting the Chief Executive of the United States. In writing this essay, the author sought to convince the people of New York of the merits of the proposed Constitution. Number 68 is the second in a series of 11 essays discussing the powers and limitations of the Executive branch and the only one to describe the method of selecting the president.
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."