Federalist No. 86

The Enduring Necessity of Constitutional Safeguards Against Domestic Faction and Executive Usurpation

From the New York Packet.

Monday, October 20, 2025.

PUBLIUS.

To the People of the State of New York:

IT IS a solemn reflection that, even after more than two centuries of experience under the Constitution, the fundamental challenges to republican government remain unchanged. While the modes of communication and the complexities of the modern state have evolved beyond the imagination of the founding generation, the nature of man has not. Ambition, the lust for power, and the dangerous spirit of faction continue to threaten the edifice of liberty that was so carefully constructed. We are compelled, at this alarming juncture, to address the present dangers confronting our system, specifically the resurgence of demagoguery and the consequent strain upon the Constitution and the essential rights it was designed to protect.

The history of republics, both ancient and modern, instructs us that the most formidable dangers they face arise not principally from foreign arms, but from the internal convulsions of faction and the ambition of popular leaders. It was the chief object of the Constitution to provide a republican remedy for the diseases most incident to republican government. The structure we devised—the separation of powers, the system of checks and balances, and the independence of the judiciary—was designed not in the expectation that men were angels, but in the certain knowledge that they are not.

We observe now, with the gravest apprehension, the emergence of maladies that these structures were intended to prevent, but which now threaten to overwhelm them.

The Perversion of Executive Energy

It has been previously argued in these papers that "Energy in the Executive" is a leading character in the definition of good government.1 It is essential to the protection of the community against foreign attacks and to the steady administration of the laws.2

But the energy envisioned by the framers was an energy bound by law, accountable to the people, and checked by the coordinate branches. It was never intended as a license for the Executive to become the sole interpreter of the law, or worse, to place himself above it.

When the Executive branch endeavors to subordinate the administration of justice to the personal will of the President; when it treats the instruments of the state not as public trusts but as private weapons for political retribution; it ceases to be an energetic executive and becomes the very definition of tyranny. The President is charged to "take Care that the Laws be faithfully executed"; he is not empowered to determine which laws apply to his allies and which to his adversaries.

Furthermore, the attempt to dismantle the civil service and replace expertise with personal fealty is a corruption that undermines the steady administration of government, substituting the caprice of the magistrate for the wisdom of the institutions.3

The Assault on the Bulwarks of Liberty

The Bill of Rights represents the solemn commitment of the nation to protect the fundamental rights of the individual against the encroachments of the state.4 These are the bulwarks of liberty, designed to protect the minority from the tyranny of the majority.

The freedom of speech and of the press, secured by the First Amendment, is the very lifeblood of a republic. It is the means by which the people are informed and by which abuses of power are exposed. When the highest officers of the government label the press as the "enemy of the people," they strike at the heart of democratic governance. They cultivate an atmosphere of distrust that renders the public incapable of distinguishing truth from falsehood, and thus incapable of self-government.

Moreover, the recent maneuvers to utilize the investigative and regulatory powers of the state against dissenting organizations, universities, and private citizens—based solely on their political opposition or ideological differences—represent a dangerous escalation. The freedom to associate, to protest, and to criticize the government without fear of retribution is not a privilege; it is an inherent right. To chill this speech is to invite the silence of despotism.

The Sanctity of the Electoral Process

The right of the people to choose their representatives through free and fair elections is the cornerstone of republican government. This is the mechanism by which the government derives its just powers from the consent of the governed.

To undermine the integrity of the electoral process, whether through overt acts of obstruction or the insidious propagation of falsehoods designed to erode public confidence, is to strike at the heart of the Constitution. When the results of a legitimate election are disputed without evidence, and the peaceful transfer of power—the crowning achievement of American democracy—is jeopardized, we are invited into a state of nature where force, not law, determines the outcome.

The Violence of Faction and the Necessity of Checks and Balances

The greatest danger to a popular government is the violence of faction—a number of citizens united by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.5

We are now witnessing this fear realized. When loyalty to a party or, more dangerously, to an individual, supplants allegiance to the Constitution, the Republic enters treacherous waters. This environment provides fertile ground for the demagogue, who, as history teaches us, often begins his career by paying an obsequious court to the people; commencing demagogue, and ending tyrant.

The separation of powers, and the intricate system of checks and balances, were designed precisely to prevent the concentration of power that faction seeks.6 Ambition must be made to counteract ambition.

This delicate mechanism, however, depends upon the vigilance of those who occupy these offices. When the Legislative branch, out of partisan loyalty or fear, abdicates its responsibility to conduct rigorous oversight and hold the Executive accountable, the constitutional equilibrium is dangerously upset. Congress is not a servant of the Executive; it is a co-equal branch of government.

A Call to Vigilance

The preservation of liberty requires more than a well-designed government; it requires a vigilant citizenry.7 The Constitution is but a parchment barrier; it cannot defend itself.

We must resist the siren call of faction and the allure of the demagogue who promises easy solutions at the expense of constitutional fidelity. We must reinvigorate our commitment to the principles of republican government: reason, moderation, and a profound respect for the rule of law.

The experiment of American self-government is ongoing. Its success is not guaranteed. It rests upon our collective willingness to place principle above party, and the enduring wisdom of the Constitution above the fleeting passions of the moment.

PUBLIUS.