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Defending the Constitution
which are to remain in the State governments are numerous and indefinite.’’ The scope of Federal power would be limited primarily to military
and foreign affairs, foreign commerce and taxation. The States, he continued, would retain full authority over matters pertaining to civil liberties
and the rights of property, the internal affairs of the States, and the administration of law and order.
Congress Is Not an Oligarchy
Turning to specific complaints lodged against the Constitution respecting the enumerated powers of Congress, Publius denied the allegation
that the ‘‘times, places and manner’’ provision, which gave Congress
concurrent authority to regulate the election of its own members, would
displace the State legislatures. The States would regulate Federal elections in the first instance, contended Alexander Hamilton in Federalist 59,
and Congress would not generally interfere except when ‘‘extraordinary
circumstances might render the interposition necessary to its safety.’’ The
‘‘times, places and manner’’ clause was simply a device to protect Congress from being placed at the mercy of the States. Without it, the States
might prevent the election of members of Congress altogether. It was justified by the general principle that ‘‘every government ought to contain
in itself the means of its own preservation.’’
Anti-Federalist arguments against the General Welfare, Tax, and Necessary and Proper clauses of Article I, and the Supremacy Clause of Article
VI, were also not justified, the Federalists countered. A proper interpretation of these provisions, said The Federalist, showed they were entirely consistent with the principles of limited government. The power ‘‘to lay and
collect taxes, duties, impos