The Federalist Papers, Federalist No. 33 summary
Federalist No. 33 of 85 · 7 min to read the paper
In Federalist No. 33, Hamilton argues that the necessary and proper clause and the supremacy clause merely express powers already implied by establishing a federal government. He limits federal supremacy to constitutionally authorized laws and maintains that States retain independent taxing authority except over duties on imports and exports.
What happens
- Hamilton describes attacks on two constitutional clauses and argues that removing them would not change the government's legitimate powers.
- He explains that granting legislative powers necessarily includes authority to make laws needed to exercise them.
- He suggests that the explicit wording guards against attempts to weaken the Union through restrictive interpretations.
- He assigns initial judgment of federal authority to the government and ultimate judgment to the people.
- He distinguishes constitutionally authorized supreme laws from federal measures that invade powers reserved to States.
- He concludes that federal and State taxing powers coexist, except that States lack independent authority over import and export duties.

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In this paper
Quick check
Which hypothetical federal action does Hamilton identify as an invasion of State taxing authority?

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