Alexander Hamilton, a former Delegate to the Constitutional Convention from New York, using the pseudonym “Publius,” publishes “Federalist #27,” arguing in paragraphs one and two that military usurpation of the powers of the federal government can be avoided through election of the Senate by the State legislatures by which Congress will only exercise those powers that are listed in the proposed Constitution for the united States.  In paragraphs one, two and six he writes:

       IT HAS been urged, in different shapes, that a Constitution of the kind proposed by the convention cannot operate without the aid of a military force to execute its laws. This, however, like most other things that have been alleged on that side, rests on mere general assertion, unsupported by any precise or intelligible designation of the reasons upon which it is founded. …

       Various reasons have been suggested, in the course of these papers, to induce a probability that the general government will be better administered than the particular governments; the principal of which reasons are that the extension of the spheres of election will present a greater option, or latitude of choice, to the people; that through the medium of the State legislatures which are select bodies of men, and which are to appoint the members of the national Senate there is reason to expect that this branch will generally be composed with peculiar care and judgment; that these circumstances promise greater knowledge and more extensive information in the national councils. …

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       [T]he laws of the Confederacy, as to the ENUMERATED and LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of the land.”  Rather, the question is, what are the states going to do in response to the usurpation of powers that have been tyrannically taken by all three branches of the federal government?  The question is, what are the states going to do when the federal government has passed, upheld and executed laws that are not “enumerated and legitimate objects of its jurisdiction?” [emphasis in the original]

       [updated 7/24/2026]