PUBLIUS
FEDERALIST PAPERS · ALEXANDER HAMILTON

What is Federalist 28 about?

Federalist 28 is Hamilton's answer to a hard reality: force may sometimes be necessary in any government. But he argues the Constitution still leaves the states and the people with real means of resistance if the national authority ever becomes usurpatory.

If you want the short answer: Federalist 28 argues that emergencies requiring force can arise in any civil society, so that fact is not a special defect of the Constitution. Hamilton's deeper point is that the proposed federal system is still safe for liberty because the whole power of the government remains in representative hands, the states remain organized centers of resistance, and the people can use one level of government against the other if rights are invaded.

The argument in one screen

Force is sometimes unavoidable in politics

Hamilton says seditions and insurrections are ordinary political maladies. No serious constitution can assume law alone will always suffice.

This is not a uniquely federal problem

State governments already face the same possibility. Massachusetts and Pennsylvania show that smaller polities may need force too.

Representation is the first security

The power of the proposed government remains in the hands of representatives of the people, which Hamilton calls the only effective security attainable in civil society.

The states and the people still hold counter-power

If either level of government invades rights, the people can use the other as an instrument of redress — and, in extremity, retain the original right of self-defense.

Why Hamilton pushes past the force objection

Federalist 27 argued that the Constitution can usually work through ordinary law. Federalist 28 adds the hard case: what about rebellion, insurrection, or a government that abuses its powers?

Hamilton says force may sometimes be necessary in any real political order. The mistake is to treat that possibility as if it proves the proposed Constitution uniquely dangerous. In truth, smaller states and smaller confederacies would face the same emergencies, often with fewer safeguards and worse prospects.

The essay matters because Hamilton is also drawing a map of resistance. He argues that the states are not erased by the Constitution. They remain organized authorities with local attachment, while the people remain the ultimate source of power and, in extremity, of self-defense.

“THAT there may happen cases, in which the national government may be necessitated to resort to force, cannot be denied.”

Hamilton begins by conceding the hard fact directly. The question is not whether emergencies exist, but how a constitution handles them.

“This is the essential, and after all the only efficacious security for the rights and privileges of the people which is attainable in civil society.”

His immediate answer is representative control. National power does not sit outside the people; it is lodged in their representatives.

“If their rights are invaded by either, they can make use of the other, as the instrument of redress.”

Hamilton's federalism is not just a division of labor. It is a division of power that gives the people more than one institutional base from which to resist encroachment.

How Hamilton builds the case

He normalizes emergency force

Hamilton argues that rebellion and insurrection are not special features of federal union. They are possibilities in any civil society, including state governments and small republics.

He makes representation the first constitutional defense

The whole power of the proposed government is placed in representatives of the people rather than in an independent military caste or hereditary executive.

He turns federalism into a liberty safeguard

Because state and national governments coexist, power checks power. If one level overreaches, the other can become a rallying point for resistance and redress.

The cleanest way to remember Federalist 28: Hamilton is saying that the possibility of force does not make the Constitution uniquely dangerous. The real safeguard is that power remains representative, the states remain standing political bodies, and the people are not left with only one center of authority over them.

Why Federalist 28 matters in the larger Publius argument

Federalist 28 matters because it answers the deepest Anti-Federalist fear behind Hamilton's defense sequence: that a stronger Union must eventually crush local liberty. Hamilton's answer is that the Constitution creates not one irresistible power, but a structured rivalry in which governments can check governments and the people remain the final source of legitimacy.

The essay also pairs naturally with Federalist 51. Madison later gives the institutional formula — ambition must counteract ambition — but Hamilton is already sketching that logic here in more urgent, political terms.

If you want the sequence immediately behind this essay, read Federalist 27 and Federalist 26. Then continue to Federalist 29 and Federalist 30, where Hamilton turns from resistance theory to the militia and then to the revenue power needed to sustain the Union. If you want the broader Hamilton frame, go back to the Hamilton authority page.

What to read next

Primary sources and further reading

Related essays by theme

Use Federalist 28 to see Hamilton's answer on power and resistance

This is the essay where Hamilton says the Constitution does not leave the people helpless before one consolidated authority. Read it if you want the clearest founding case that federalism itself can become a practical protection of liberty.

Hamilton's last-resort case still frames how free peoples think about defending their own government.