What is Hamilton's basic view on federalism?

The victory of the American people's war of independence against British colonial rule has produced an important idea, that is, the United States will spend so much resources and blood to fight for and defend freedom, and it will become an unprecedented paradise for freedom. The judges of the court will soon implement this principle in judicial practice, and judge cases according to the universal rights of freedom and national laws and the viewpoints of freedom and justice at the end of 18 and 18. This liberalism has influenced the legal reform in all aspects.

At the end of 18, Americans believed that the ultimate sovereignty of a country belongs to the people, and government officials should be public servants of the people, not rulers of the people. This concept of people's sovereignty has influenced people's views on the role of legislation and legal system, and this new view has changed people's views on the Constitution. As we all know, during the ancient colonial period, some states also had constitutions. For the above reasons, after independence, people think that these constitutions are vague precedents and principles derived from the common law and cannot clearly protect people's rights and freedoms. After independence, the people demanded a written constitution. According to this constitution, the people authorized various government agencies and restricted the exercise of this power. The legislature has full power to promulgate various laws and decrees in line with the spirit of the Constitution.

Based on the above situation, one of the main tasks faced by the delegates to the Constituent Assembly is to learn from the historical experience that the Confederate government is weak, unable to implement strong military and political policies abroad and unable to effectively govern at home, and to safeguard people's freedom. As Madison, a famous politician and representative of the Constituent Assembly, said, the problem that the framers should consider is to establish a strong government, and they must also limit the power of the government so that it will not abuse its power to infringe on people's freedom. The difficulty lies in "combining the necessary stability with the government's ability and inviolable freedom, and paying attention to * * * and political power". Therefore, it is established that the constitution must implement two basic principles: the structural form of the state is based on federalism, and the organizational form of the political power is based on the principle of separation of powers and checks and balances.

After the United States won the war of independence, 1787 held a constitutional convention in Philadelphia. The dominant political party in Parliament is the Federalist Party led by Hamilton. He is known as the father of the American Constitution, and his political thoughts play a leading role in the Constitutional Convention. During the War of Independence, Han served as the military assistant to Commander-in-Chief Washington. His position gave him a first-hand experience of the weakness of the Confederate government, which could not raise and transport enough food and soldiers for the army. More importantly, he believes that private property is sacred and inviolable. In order to protect private property and implement effective rule, it is necessary to abolish the confederacy system and establish a strong federal government. On June 1787 and 18, when he put forward a plan on the state system at the Constitutional Convention, he said: "We are now going to establish a * * * government, and true freedom can neither come from absolutism nor from extreme democracy." The political system he envisioned was neither autocratic nor democratic. Virginia Rep. and Virginia Governor Bandel echoed Hamilton's idea, and put forward a concrete plan for the national system at the meeting. A bicameral national legislature was established, one was elected by universal suffrage, and the other was indirectly elected by the state legislature, giving the two houses legislative power to solve various problems that the States could not solve alone. The federal central government should also establish a strong administrative and judicial institution, and implement the principle of separation of powers and checks and balances among the legislative, administrative and judicial institutions. The state governments still retain their functions as local administrative units, completely denying the concept of state independence. This is the federalist blueprint of American constitutionalism.

Anti-federalist representatives gathered around the representative of New Jersey and Governor Patterson. His proposal at the Constitutional Convention was based on safeguarding the sovereignty of the states. A unicameral national legislature has been established, composed of an equal number of representatives from each state and enjoying the same veto power over the legislation of the National Assembly. Penalties for legislators who violate the National Assembly are under the jurisdiction of state courts. This actually means that the National Assembly cannot exercise legislative power without the consent of the states. The appointment and removal of administrative officials by Congress must also be agreed by the states. It can be seen that this plan is based on safeguarding the sovereignty of each state and is a copy of the Confederate regulations. The Constituent Assembly had a heated debate on the above two schemes, and faced with three options: (1) complete separation of the states; (2) maintaining the loose alliance among states, that is, retaining the original confederacy system; (3) Establish a * * * federal system.

After the debate, the Constituent Assembly adopted the draft federal constitution, and then federalists and anti-federalists debated the draft constitution. Hamilton, the leader of federalism, and others published a series of propaganda articles to clarify the spirit of the Constitution and the principles of federalism. For example, Han said in the article "Re-discussion on the administrative department": "The primary factor that determines whether the administrative management is perfect is the strength of the administrative department. Otherwise, we can't defend society from foreign attacks; Otherwise, we can't guarantee the stable implementation of the law ... We can't guarantee freedom from the black guns and bright arrows of careerists, gangs and anarchism. " He said in the article "Judicial Department": "The Constitution is factual and should be regarded as the fundamental law by judges. Therefore, the power to interpret the Constitution and any laws enacted by the legislature should belong to the courts. If there are irreconcilable differences between the two, then ... the Constitution shall prevail. " Han's exposition provides an ideological and theoretical basis for the establishment of a strong federal government, the Supreme Court's use of judicial review power to safeguard the constitutional authority, and the adjustment of the relationship between the legislative, administrative and judicial departments and the federal and state. Han's articles are clear-cut, rigorous in logic, beautiful in literary talent, well-known, widely circulated and far-reaching.