Federalist No. 70: A Framework for Executive Action

The Energetic Executive

The ongoing crisis of family separation and the militarization of the southern border is near a tipping point. Your administration has set the immediate policy priority of reforming the United States’ “long-broken and chaotic immigration system.”¹ Currently, immigration stands as a hotly debated and profoundly polarized topic while being one of significant importance and in need of immediate action. For meaningful reform to be realized, it is imperative that policies create an “immigration system that welcomes immigrants, keeps families together, and allows people across the country… to more fully contribute to our country.” One possible approach to tackling this issue is to follow the foundational framework of presidential power proposed by Alexander Hamilton in Federalist Paper No. 70.

In Federalist Paper No. 70, Hamilton emphasizes the importance of a vigorous executive. He argues for a single, energetic executive who can act with “decision, activity, secrecy, and dispatch”² instead of a plural executive characterized by possible indecision and conflict. A singular executive makes it easier for the public to hold authority accountable for misdeeds or failures. Furthermore, a single leader prevents differences in opinion, allowing for more decisive and timely action. Lastly, an energetic executive allows for speed, stealth, and a systematic approach to tackling problems, allowing swift responses to crises, enforcing laws uniformly, and safeguarding against foreign threats. These concepts can be easily translated to your administration, providing a framework to establish goals, execute policy, and implement comprehensive changes to immigration.

A Unified Vision

When applying Federalist Paper No. 70 to tackle the immigrant crisis, your administration should first present a unified vision regarding immigration policy. This can be achieved by establishing a high-level task force with a clear chain of command dedicated to immigration reform. A unified front, backed by the President and Vice President, would eliminate internal disagreements or contradictory messages that could slow down the reform process. By having a singular clear vision, the goal of immigration reform will resonate with Congress and the public, possibly leading to smoother negotiations and faster policy approvals.

Drawing from Hamilton’s emphasis on an energetic executive, your administration should act quickly and efficiently to enact its immigration policies. Quick policy implementation, such as streamlining the visa application process, pausing deportations, bolstering the refugee acceptance system, or implementing programs for asylum-seekers, is crucial to showcase your administration’s commitment. These policies promote an “immigration system that welcomes immigrants, [and] keeps families together.”³ By prioritizing these actions, your administration not only addresses immediate challenges within the immigration system but also sets a precedent of decisiveness and effectiveness, preventing bureaucratic slowdowns.

Central to Federalist No. 70 is accountability; when executing the immigration reform policy, your administration should communicate its progress, setbacks, and results to the public. This can be done by setting up a public-facing platform to regularly update the public on policy progress, challenges, and successes. Regular updates, press briefings, and public-facing documentation can ensure accountability, helping trace any policy hiccups or lapses to their source, encouraging missteps and challenges to be acknowledged, and corrective actions to be taken promptly. By creating a transparent system, this approach would not only bolster public trust but also ensure all parties involved are informed and engaged.

Balancing Energy with Deliberation

One of the major critiques of Federalist No. 70 is that the president might be unadvised and act in the interest of his friends rather than the public at large. Scholar James Pfiffner, in his academic article Federalist No. 70: Is the President Too Powerful? proposes amending Federalist No. 70 with the “energy of the executive needs to be balanced by the ‘deliberation and wisdom that only the legislature can provide.’”⁴ Following this train of thought, the immigration reform task force must engage regularly with immigration experts, advocates, and affected communities. This will ensure that the policies incorporate a diverse range of perspectives, ensuring they are not solely influenced by executive power but result from deliberate and collaborative informed decision-making.

Another major critique of the Federalist No. 70 framework is its potential to be viewed as autocratic. Additionally, rapid changes risk neglecting certain complexities in the immigration system. To successfully implement immigration reform, it’s imperative to strike a balance between speed and efficiency on the one hand and with thorough and empathetic policy creation.

Toward a United Nation

By utilizing the foundational framework of presidential power proposed by Alexander Hamilton in Federalist Paper No. 70, your administration can ensure a focused, energetic, and accountable approach to immigration reform. Embracing Hamilton’s vision of a vigorous executive can lead to transformative changes in the immigration landscape, and just as a united executive prevents fragmentation in decision-making, a united nation prevents fragmentation in its social fabric. By pushing for policies that welcome immigrants and keep families together, the administration can foster unity and inclusivity, allowing “people across the country—both newly arrived immigrants and people who have lived here for generations—to more fully contribute to our country.”⁵