The Law of Nations in The Federalist Papers

This article explores the influence of prevailing legal and political theories of inter-state relations on the formation of early American constitutional thought. Emphasis is placed on the manner in which the authors of The Federalist Papers built a legal argument against the Articles of Confederation and for the Constitution of 1786 by invoking principles of treaty law and the law of nations. It is argued that the Articles themselves resembled contemporary international treaties in format and in force. The Federalist's reliance upon such authors as Grotius, Locke, Montesquieu, and Vattel is examined in this light.