national; in the sources from which the
ordinary powers of the government are drawn, it is partly federal and
partly national; in the operation of these powers, it is national, not
federal; in the extent of them, again, it is federal, not national;
and, finally, in the authoritative mode of introducing amendments, it is
neither wholly federal nor wholly national.

PUBLIUS

FEDERALIST No. 40

On the Powers of the Convention to Form a Mixed Government Examined and
Sustained For the New York Packet. Friday, January 18, 1788.

MADISON

To the People of the State of New York:

THE SECOND point to be examined is, whether the convention were
authorized to frame and propose this mixed Constitution.

The powers of the convention ought, in strictness, to be determined
by an inspection of the commissions given to the members by their
respective constituents. As all of these, however, had reference, either
to the recommendation from the meeting at Annapolis, in September, 1786,
or to that from Congress, in February, 1787, it will be sufficient to
recur to these particular acts.

The act from Annapolis recommends the "appointment of commissioners to
take into consideration the situation of the United States; to devise
SUCH FURTHER PROVISIONS as shall appear to them necessary to render the
Constitution of the federal government ADEQUATE TO THE EXIGENCIES OF THE
UNION; and to report such an act for that purpose, to the United
States in Congress assembled, as when agreed to by them, and afterwards
confirmed by the legislature of every State, will effectually provide
for the same."

The recommendatory act of Congress is in the words following: "WHEREAS,
There is provision in the articles of Confederation and perpetual Union,
for making alterations therein, by the assent of a Congress of the
United States, and of the legislatures of the several States; and
whereas experience hath evinced, that there are defects in the present
Confederation; as a mean to remedy which, several of the States, and
PARTICULARLY THE STATE OF NEW YORK, by express instructions to their
delegates in Congress, have suggested a convention for the purposes
expressed in the following resolution; and such convention appearing
to be the most probable mean of establishing in these States A FIRM
NATIONAL GOVERNMENT:

"Resolved, That in the opinion of Congress it is expedient, that on the
second Monday of May next a convention of delegates, who shall h