The Federalist Papers, Federalist No. 40 summary
Federalist No. 40 of 85 · 12 min to read the paper
In Federalist No. 40, MADISON defends the convention’s authority to propose substantial constitutional reform, while admitting its departure from the prescribed ratification procedure. He argues that urgent circumstances justify its recommendations and that the people should judge the proposed Constitution by its benefits, not merely by its origins.
What happens
- Madison examines the Annapolis and congressional recommendations to establish the convention’s assigned purposes and powers.
- He argues that securing adequate government takes priority over preserving the existing Articles unchanged.
- He presents the proposed system as an expansion of principles already present in the Confederation.
- He admits that approval by the people in nine States departs from the requirement of confirmation by every state legislature.
- He stresses that the convention only recommends a plan, whose authority depends on public approval.
- He concludes that useful constitutional advice deserves acceptance even if its authors exceed their instructions.

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In this paper
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What departure from the convention’s commission does Madison admit?

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