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The Library
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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

  1. Hamilton describes attacks on two constitutional clauses and argues that removing them would not change the government's legitimate powers.
  2. He explains that granting legislative powers necessarily includes authority to make laws needed to exercise them.
  3. He suggests that the explicit wording guards against attempts to weaken the Union through restrictive interpretations.
  4. He assigns initial judgment of federal authority to the government and ultimate judgment to the people.
  5. He distinguishes constitutionally authorized supreme laws from federal measures that invade powers reserved to States.
  6. 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

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Which hypothetical federal action does Hamilton identify as an invasion of State taxing authority?

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