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Federalist No. 43 is an essay by
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
, the forty-third of ''
The Federalist Papers ''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The c ...
''. It was published on January 23, 1788, under the
pseudonym A pseudonym (; ) or alias () is a fictitious name that a person or group assumes for a particular purpose, which differs from their original or true name ( orthonym). This also differs from a new name that entirely or legally replaces an individu ...
Publius, the name under which all ''The Federalist'' papers were published. This paper continues a theme begun by Madison in Federalist No. 42. It is titled "The Same Subject Continued: The Powers Conferred by the Constitution Further Considered". The paper contains the only reference to the
Copyright Clause The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 8). The clause, w ...
in ''The Federalist Papers''. In the brief discussion of the Clause, Madison states that "the utility of this power will scarcely be questioned." He also notes the Framer's intent for the federal government to have exclusive jurisdiction over
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
and
copyright law A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
. Despite its perfunctory discussion of the Clause, the Paper remains one of the few sources describing the rationales and motivations for the language and intent of the Clause. The essay also references a desire that the national government be given exclusive jurisdiction over a new national capital and provides the rationale for what later became the District Clause of Article I of the U.S. Constitution.The Federalist Papers, no. 43. The essay references "sufficient inducements of interest to become willing parties to the cession" to be offered by the state ceding land for the federal district to the inhabitants of the ceded territory and that the citizens in the federal district "will have had their voice in the election of the government which is to exercise authority over them." This assertion is often cited in the efforts for
DC Home Rule District of Columbia home rule is Washington, D.C. residents' ability to govern their local affairs. As the federal capital, the Constitution grants the United States Congress exclusive jurisdiction over the District in "all cases whatsoever" ...
and
DC Statehood The District of Columbia statehood movement is a political movement that advocates making the District of Columbia a U.S. state, to provide the residents of the District of Columbia with voting representation in the Congress and complete ...
. It also deals with the
Treason Clause Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congr ...
of the U.S. Constitution.


References


External links


Text of The Federalist No. 43
congress.gov Congress.gov is the online database of United States Congress legislative information. Congress.gov is a joint project of the Library of Congress, the House, the Senate and the Government Publishing Office. Congress.gov was in beta in 2012, a ...
1788 in law 43 1788 in the United States 1788 essays {{FederalistPapers-stub