Teaching Federalist No. 39

The addition of Federalist No. 39 to the AP U.S. Government and Politics curriculum is a welcome change for teachers looking to deepen student understanding of federalism and constitutional design. While AP Government has long emphasized Federalist No. 10 and Federalist No. 51, Federalist No. 39 addresses a question that sits at the heart of the American political system: What kind of government did the Framers create and why?

Written by James Madison during the ratification debate, Federalist No. 39 responds to Anti-Federalist concerns that the proposed Constitution would eliminate state power and create a consolidated national government. Madison argues that the Constitution is neither fully national nor fully federal. Instead, it combines elements of both systems. This blending of state and national authority has shaped American government for more than two centuries and remains central to many political debates today. Federalist No. 39 and Federalist No. 10 in combination offer students a powerful one-two combination to better understand the nature and the “why” for a federal structure of government.

Where to Use Federalist No. 39

For AP Government teachers, the document fits most naturally within Unit 1: Foundations of American Democracy. It works particularly well after students have explored the weaknesses of the Articles of Confederation and before they begin a deeper study of federalism. The document helps students understand not only what the Constitution says, but also why it was designed the way it was.

How to Use Federalist No. 39

One effective activity is a constitutional classification challenge. After reading excerpts from Federalist No. 39, students examine key constitutional provisions and determine whether each reflects a national principle, a federal principle, or a combination of both. Examples might include the election of House members, Senate representation, the amendment process, and presidential elections. Students can then compare their reasoning with Madison’s arguments. This activity helps move students beyond memorization and into constitutional analysis.

Another engaging strategy is to pair Federalist No. 39 with Brutus No. 1. Students can complete a structured comparison in which they identify the Anti-Federalist concern and Madison’s response. This approach highlights the Constitution as the product of an ongoing debate rather than a document that emerged with universal support. It also reinforces the AP Government skill of comparing competing political perspectives.

Teachers may also consider a modern application activity. After students understand Madison’s argument, they can analyze contemporary issues such as education policy, environmental regulations, marijuana legalization, election administration, or public health mandates. Students can debate whether authority over these issues should primarily belong to state governments or the national government. By connecting Federalist No. 39 to current events, students see that questions about federalism remain unresolved and highly relevant.

A favorite classroom activity is a "Madison as Constitutional Consultant" exercise. Present students with a modern controversy involving federal and state power and ask them to predict how Madison might respond based on the arguments found in Federalist No. 39. Students must support their claims with evidence from the text rather than their personal opinions. This encourages close reading and evidence-based argumentation while helping students engage with a challenging primary source.

The Impact of Federalist No. 39 on the AP Course

The inclusion of Federalist No. 39 provides an opportunity to move beyond teaching federalism as a chart or diagram. Instead, students can examine the reasoning behind the constitutional structure itself. Madison’s essay reminds us that federalism was not an accidental feature of the Constitution. It was a deliberate attempt to balance competing concerns about power, representation, and governance.

As AP Government teachers continue to adapt to curriculum changes, Federalist No. 39 offers a valuable bridge between constitutional theory and contemporary politics. Whether through debates, simulations, comparisons, or modern applications, the document can help students understand one of the most enduring questions in American government: how power should be shared between thpe states and the nation.

Pat Sprinkle is a 18th year history teacher at the NYC Lab School for Collaborative Studies, teaching AP® U.S. History and AP U.S. Government and Politics. Pat is a graduate of The Ohio State University and Columbia University. Pat has served as a member of the Teacher Advisory Council for the Bill and Melinda Gates Foundation, National Humanities Center, and the National Constitution Center. In addition, Pat was a 2013 James Madison Fellow along with a 2021 C-SPAN Fellow. Pat lives in Jersey City, New Jersey, with his wife, son (Franklin), and dog (Lyndon).