Federalist No. 39 in AP US Government

Federalist No. 39 is James Madison's essay arguing the Constitution creates a republic that is 'neither wholly national nor wholly federal,' dividing authority between the national government and the states to prevent any one part of government from concentrating power (AP Gov Topic 1.7).

What is Federalist No. 39?

Federalist No. 39 is James Madison's answer to the Anti-Federalist charge that the Constitution would swallow up the states. His famous line says the Constitution is 'in strictness, neither a national nor a federal Constitution, but a composition of both.' Translation: it's a hybrid. Some features treat Americans as one national people (the House of Representatives is elected directly by 'the people of America'), while others treat the states as separate political units (the Senate originally drew its power from state legislatures, and ratification required approval by independent states, not one big national vote).

Madison also draws the line that becomes the blueprint for federalism. The national government's jurisdiction 'extends to certain enumerated objects only,' leaving the states 'a residuary and inviolable sovereignty over all other objects.' In plain terms, the national government gets a specific list of powers, and everything left over stays with the states. The AP Gov CED highlights two payoffs of this design: it limits the concentration of power in any one part of government, and it creates multiple access points for political participation. If you can't win at the federal level, you can still push your issue at the state level.

Why Federalist No. 39 matters in AP® Gov

Federalist No. 39 lives in Unit 1 (Foundations of American Democracy), Topic 1.7, and directly supports learning objective AP Gov 1.7.A, which asks you to explain how the constitutional allocation of power between national and state governments affects society. The essential knowledge for 1.7.A names Federalist No. 39 explicitly, so this is CED-required reading, not optional enrichment. It's the theoretical backbone for everything federalism-related that follows, from exclusive and concurrent powers to the ongoing tug-of-war over the balance of power. When you argue about grants, mandates, marijuana legalization, or environmental policy later in the course, you're really arguing about the 'partly national, partly federal' arrangement Madison sketched here.

How Federalist No. 39 connects across the course

Enumerated Powers (Unit 1)

Madison's claim that national jurisdiction 'extends to certain enumerated objects only' is exactly what Article I, Section 8 does. Federalist No. 39 is the argument; the enumerated powers list is the receipt.

Constitution (Unit 1)

Federalist No. 39 is a ratification-era sales pitch for the Constitution. Madison walks through elections, ratification, and the amendment process to show the document mixes national and federal features on purpose.

Dual Federalism vs. Cooperative Federalism (Unit 1)

Madison's clean split between national 'objects' and state 'residuary sovereignty' sounds like dual federalism's layer cake. The later shift to cooperative federalism shows how much the balance moved away from his original sketch, which is a great point of contrast on FRQs.

Commerce Clause (Unit 1)

The Commerce Clause is where Madison's tidy line between national and state power gets blurry. Cases like McCulloch and US v. Lopez are basically courts re-litigating Federalist No. 39's question of where enumerated power ends and state sovereignty begins.

Is Federalist No. 39 on the AP® Gov exam?

Federalist No. 39 usually shows up in multiple-choice questions built around a direct quote from the essay. Common stems ask you to identify Madison's reasoning about the House drawing power 'from the people of America' while the Senate drew power from the states, to explain what 'residuary and inviolable sovereignty' means for the states, or to recognize why the state-by-state ratification process was 'federal, and not national.' The move you need to make is matching each feature to the right label: national means power flows from the people as one body, federal means power flows from the states as separate units. On the Argument Essay, Federalist No. 39 works as evidence for federalism prompts, especially claims about limiting concentrated power or creating multiple access points for participation. No released FRQ has required it verbatim, but the CED names it, so it's fair game.

Federalist No. 39 vs Federalist No. 51

Both are Madison essays about dividing power, so they blur together fast. Federalist No. 51 is about checks and balances and separation of powers WITHIN the national government (ambition counteracting ambition). Federalist No. 39 is about the division of power BETWEEN the national government and the states, arguing the Constitution is a national-federal hybrid. Quick check: if the quote mentions states, ratification, or 'residuary sovereignty,' it's No. 39. If it's about branches checking each other, it's No. 51.

Key things to remember about Federalist No. 39

• Federalist No. 39 is Madison's argument that the Constitution is 'neither wholly national nor wholly federal, but a composition of both.'

• Madison says the national government's power extends only to enumerated objects, while the states keep 'residuary and inviolable sovereignty' over everything else.

• The House represents the people directly (a national feature), while the original Senate and the state-by-state ratification process represent the states (federal features).

• The AP Gov CED cites Federalist No. 39 in Topic 1.7 as the explanation for why federalism limits concentrated power and creates multiple access points for political participation.

• On the exam, translate Madison's vocabulary: 'national' means power comes from the people as one body, 'federal' means power comes from the states as separate units.

• Federalist No. 39 sets up the balance-of-power debate that runs through the whole federalism topic, from dual and cooperative federalism to Commerce Clause cases.

Frequently asked questions about Federalist No. 39

What is Federalist No. 39 in simple terms?

It's James Madison's essay defending the Constitution as a mix of two systems. Some features treat America as one nation (like the House of Representatives), and some treat the states as separate sovereign units (like ratification by state conventions). The result is a government that's 'partly national, partly federal.'

Is Federalist No. 39 a required document for AP Gov?

Yes. Beginning with the Fall 2026 course framework, Federalist No. 39 is a required foundational document. Know Madison's argument that the Constitution combines national and federal features, limits the national government to enumerated objects, and preserves state sovereignty over the remainder.

How is Federalist No. 39 different from Federalist No. 51?

No. 39 is about dividing power between the national government and the states (federalism). No. 51 is about dividing power among the branches within the national government (separation of powers and checks and balances). Both are Madison, but they answer different Anti-Federalist objections.

Did Madison say the Constitution creates a purely national government?

No, that's the exact claim he rejects. Madison argues it's 'in strictness, neither a national nor a federal Constitution, but a composition of both,' with the national government limited to enumerated objects and the states keeping sovereignty over everything else.

What does 'residuary and inviolable sovereignty' mean in Federalist No. 39?

It means whatever powers the Constitution doesn't hand to the national government stay with the states, and the national government can't take them. It's the same idea the Tenth Amendment later put into the Constitution's text, and it's the foundation of reserved powers.