gloss · the reading room

The Federalist Papers · Federalist No. 21 · paragraph 3

The next most palpable defect of the subsisting Confederation, is the total want of a SANCTION to its laws. The United States, as now composed, have no powers to exact obedience, or punish disobedience to their resolutions, either by pecuniary mulcts, by a suspension or divestiture of privileges, or by any other constitutional mode. There is no express delegation of authority to them to use force against delinquent members; and if such a right should be ascribed to the federal head, as resulting from the nature of the social compact between the States, it must be by inference and construction, in the face of that part of the second article, by which it is declared, “that each State shall retain every power, jurisdiction, and right, not EXPRESSLY delegated to the United States in Congress assembled.” There is, doubtless, a striking absurdity in supposing that a right of this kind does…
Read in context ›

Publius · Alexander Hamilton, John Jay, James Madison · 1787–1788
Project Gutenberg #18, updated 11 October 2025; its author-attribution labels and source notes are retained. The supplied file does not identify one uniform underlying print edition.
Passage preview. Read in context for the complete text, notes and references.