James Madison, fourth president of the United States (1809–17) and one of the Founding Fathers of his country. But the parties to the Constitution are not the states operating in their political capacities, the arrangement under the Articles. He teamed up with Alexander Hamilton (who in just three short years would become his most ardent rival) to write the Federalist Papers. The President also derives his appointment from the States, and is periodically accountable to them.” “This dependence of the General on the local authorities,” he writes, “seems effectually to guard the latter against any dangerous encroachment of the former; whilst the latter, within their respective limits, will be continually sensible of the abridgement of their power, and be stimulated by ambition to resume the surrendered portion of it.” 14 For all of this, however, he does not rule out the possibility that an “esprit de corps will ... exist in the National Government” that might serve to resist such dangerous encroachments by the states.15 This, at least, seems to be his hope. So were the arguments of 1798, with which Madison’s early understanding of the Constitution was not in conflict” (8–9). [38 ]“Notes on Nullification.” Writings, IX, 600–601. [48 ]Hamilton may have been referring here to the states’ role in constituting the national government. Moreover, his position corresponded far more closely to the teachings of The Federalist than that of Jefferson or of the later Madison. As James Madison wrote in Federalist No. Neither a radical decentralist nor an advocate of national consolidation, he stressed the unique advantages of America’s federal structure, which divided power between two independent levels of government. . The most obvious, of course, is that to acknowledge the right of nullification by a single state would undoubtedly lead to chaos ultimately destructive of the Union. Due to their expectation that the states would have natural advantages in inter-level disputes, most Federalists sincerely feared that state encroachments on federal jurisdiction would happen far more often than the reverse. By the same token one might argue that our economic survival in the highly competitive world economy now requires, more than ever before, that we produce students with a relatively high degree of sophistication in mathematics and the sciences. Federalist Papers helped in removing the faction in which the benefits economic interests … For instance, as we point out in the text, it is difficult to see why within such a short period Madison signs the national bank bill and vetoes an internal improvements measure. He and two other federalists wrote the "Federalist Papers" under the pen name of "Publius", supporting ratification of the Constitution. And, what is more, consonant with its unitary character, the plan vested the national legislature with the authority “to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation.” 11, Perhaps more telling than these structural arrangements and formal procedures were Madison’s arguments against the states’ rights position. To put this matter in its starkest terms, our present situation represents a violation of one of Madison’s most fundamental political principles. Writings, IX, 333–34. Madison and Wilson … remained unmoved by the argument for [institutional checks against federal encroachments], not because they did not share the concern for preventing encroachment ‘on the other side’ but because they felt certain that encroachments from that side were so much less likely than state encroachments on the general government. Concerning The Influence of the State and Federal Governments Compared. After the Convention sent the draft Constitution to be ratified or rejected by the states, proponents of the new document—called “Federalists” as opposed to “Anti-Federalist” opponents—had to persuade the wider nation of its merits. It is vain to oppose constitutional barriers to the impulse of self-preservation. Obviously, the Supreme Court, given its isolation from the actual give-and-take of politics, is ill-suited to take into account the various forces that must be accommodated to achieve a lasting consensus. Lithograph after an original painting by Gilbert Stuart, circa 1828, from the Library of Congress. But, it seems clear that coming to the “reasonable medium” he calls for would be far easier with at least some specification of areas within the sovereign domain of the states. Theoretical and practical problems beyond those raised in The Federalist do emerge, however, in his second phase. Madison’s views on federalism also help us to understand why the Court’s behavior in recent decades is causing unrest and tensions in American society; namely, its intrusions into the states’ domain simply are not in accord with “predominant sense of the nation.” Rather, they bear all the earmarks of being the product of an ideology. The most significant of these is the development of our party system with roots firmly planted at the state and local levels. Nevertheless, Madison’s view of the founding, consistent throughout his career, provided no theoretical support for these proponents. In addition to this, as we might gather from these explanations, we can expect to encounter difficulties in formulating easily transmissible rules or principles from Madison’s approach in determining the proper state-national boundaries. [1 ]This view is generally accepted today even by Madison’s most sympathetic biographers. On this score, Madison seemed to believe that there was an inverse relationship between extent of territory and susceptibility to the evils of faction. According to Burns: “The records of the State Department proved that West Florida had not been ceded by Spain to France along with Louisiana in 1800, and consequently could not have been sold to the United States by the French three years later. Madison joined fellow Federalist leaders Alexander Hamilton and Aaron Burr in writing the “Federalist Papers,” a series of newspaper articles defending the new Constitution. On this point see chapter 1. It was the fifty-first paper in a series of 85 articles that are collectively known as the Federalist Papers. [59 ]This instance shows the futility of trying to impose one’s views of federalism on the system. Such a solution is certainly consonant with Madison’s nationalistic views and, in slightly different form, it comes to play a significant role in his second phase thinking. What seems clear is that experiences under the Articles had convinced Madison of the need for a stronger and more energetic national government. To see this we need only take important areas where conflict could easily have been foreseen. James Madison, Fourth President of the United States. Years later, Madison noted that, while both levels of governments had attempted unconstitutional power-grabs, recent “theoretical innovations at least are putting new weights into the scale of federal sovereignty,” upsetting the balance in that direction. Indeed, one could read this passage to mean that an impartial tribunal will be established by the national government once the system is set in operation. [18 ]William W. Crosskey did look upon The Federalist in such a fashion. Put otherwise, the views of the states would have to be taken very seriously because state reactions, even those far less extreme than Madison pictures in The Federalist, could well have an adverse effect on the implementation of national policy. Extensiveness, he notes, also requires “the delegation of the government ... to a small number of citizens elected by the rest” (10:46). With the bank issue what we witness, in effect, is Madison jumping from one approach to state-national relations to another. In his “Notes on Nullification” he maintains, “It becomes all ... who are friends of a Government based on free principles to reflect, that by denying the possibility of a system partly federal and partly consolidated, and who would convert ours into one either wholly federal or wholly consolidated, in neither of which forms have individual rights, public order, and external safety, been all duly maintained, they aim a deadly blow at the last hope of true liberty on the face of the Earth.” Writings, IX, 606. (See note 1, this chapter.). It saw the states playing a pro-active role in constraining an expansionist central government, although it fails to specify exactly how the states can “interpose” between their citizens and the federal government. In the first place, they both agree that the national government must possess the means necessary for the ends that are entrusted to its care. It is worse than vain; because it plants in the Constitution itself necessary usurpations of power, every precedent of which is a germ of unnecessary and multiplied repetitions” (41:210).20. Rejecting the possibility of incremental or piecemeal reform, he successfully supported a restructured and strengthened national government boasted broad power to tax, raise a military, and regulate commerce. foreign danger, have been always the instruments of tyranny at home.” … American institutions thus represent a blending of traditional institutional forms designed to accommodate both the needs of union and the continued existence of the states. It is with regard to the issues raised in this passage that the major difficulties associated with Madison’s “second phase” federalism seem to arise. Peter Schotten shares much the same view as Meyers concerning Madison’s behavior. To the People of the State of New York: James Madison In short, a wholistic view indicates the consistency of Madison’s actions and words regarding federalism. He opposed the constitutionality of the national bank in the 1790s on the grounds that is was not “necessary and proper” for carrying out the functions of the national government, although by the time of his presidency (1808-1816) he had reversed his position due to the popularity and entrenched status of the bank. Put otherwise, they suggest that ends or goals—whether for reasons of expediency or basic conviction—play a decisive role in his thinking about the constitutional boundaries between state and national power. We do not mean to imply in the foregoing that there was no theoretical justification based on constitutional grounds for Madison’s reversal. Its ability to operate independently meant that it could threaten liberty just as easily as any state, and expansive interpretations of the Constitution threatened to concentrate power in federal hands. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. 78)” In this essay, Alexander Hamilton, under the pseudonym Publius, discusses what constitutes judicial review and … Each branch should be, in Madison's opinion, mostly independent. James Madison – The Federalist Papers (selected quotes) By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community. Viewed from this perspective, his doctrine of interposition makes sense; it provides an outlet for the expression of views from the states that prudent politicians at the national level would do well to heed. Otherwise, so the argument goes, the Framers would have expressly granted the national government the authority to utilize the means. Another important theme in Madison’s thought is the role of federalism and the separation of powers in protecting liberty against abusive government. Not the least of these is that these explanations bring into question broader aspects of his theory, particularly his arguments relating to the workability and desirability of the extended republic. Lithograph after an original painting by Gilbert Stuart, circa 1828, from the Library of Congress. The revisionists cannot abide by a political, as opposed to a judicial, resolution of issues surrounding state-national relations because of other aspects of federalism that are often overlooked today. “It is no less certain that other means might have been employed which are strictly within the limits of the Constitution.” Two-thirds of the state legislatures, he writes, “by an application to Congress” could “have obtained a convention” for the purpose of “an explanatory amendment to the Constitution.” However, he glosses over the matter: “If the General Assembly, after declaring the two acts to be unconstitutional, (the first and most obvious proceeding on the subject,) did not undertake to point out to the other states a choice among the further measures that might become necessary and proper, the reserve will not be misconstrued by liberal minds into any culpable imputation.” Elliot, IV, 579. The presentation is a version of his essay from "James Madison: Memory, Service, and Fame" (1999). But the fact is that no word existed to describe it.  James Madison, Letters and Other Writings of James Madison, 4 vols. Writings, IX, 600–601. Actually the break between Madison and Hamilton became complete before Jefferson reached home from six years in France. Morris rejected theoffer, and Hamilton didn't like Duer's work. Such seems to have been the morality even at the time the Fourteenth Amendment was adopted: Section 5 of that amendment grants to Congress—significantly, not the courts—the authority to enforce the broad provisions of Section 1 (e.g., “due process of law,” “equal protection of the laws”) which can be used to severely limit state authority. The Federalist Papers were a series of eighty-five essays urging the citizens of New York to ratify the new United States Constitution. Federalist #10 Explained and Annotated: Introduction Below is the Federalist #10, written by James Madison, and reprinted in full. To this point he writes that the purpose “to be attained by the invited cooperation with Virginia” was “to maintain within the several States their respective authorities, rights, and liberties, which could not be constitutionally different in different States, not inconsistent with a sameness in the authority and laws of the U.S. in all and in each.” 66 In any event, Madison does not indicate that he believes anything short of unanimity—e.g., two-thirds or three-fourths of the states—is sufficient to “trigger” interposition. [30 ]Marvin Myers, The Mind of the Founder: James Madison (Hanover and London: University Press of New England, 1982), xiii. (New York: R. Worthington, 1884), 3:625. James Madison Publius | February 5, 1788 . , Rather, as Michael Zuckert has shown, he wanted Congress to play the role of umpire, vetoing manifestly unjust or unconstitutional laws yet leaving the states otherwise free to govern themselves.. Of course, we should hardly expect to find too much by way of consistency between his nationalist and post-nationalist stages. 78)" Track Info. And, returning to Federalist 39, we see that Madison, immediately after writing of the states’ “residual and inviolable sovereignty,” turns to the crucial matter of how controversies should be settled. This movement led to the first system of political parties, pitting the Jeffersonian “Republicans” against the Hamiltonian “Federalists.”. 45: The powers delegated by the proposed Constitution to the Federal Government, are few and defined. “The idea of a national government,” he writes, “involves in it, not only an authority over the individual citizens, but an indefinite supremacy over all persons and things, so far as they are objects of lawful government.” In such systems, he points out, “all local authorities are subordinate to the supreme; and may be controlled, directed, or abolished by it at pleasure.” But, because the jurisdiction of the “proposed government extends to certain enumerated objects only, and leaves the several States a residuary and inviolable sovereignty over all other objects,” it “cannot be deemed a national one” (39:19). Certainly they pose no insoluble theoretical dilemmas. While the record of these Republicans shows that the disputes over state-national authority were, for the most part, over issues far removed from any constitutional principle, they did serve to establish positions to which future politicians could repair to suit their purposes. This essay discusses Madison’s views on federalism and determines whether or not they remained consistent over the course of his career. The Federalist Papers. ), This conception of the foundations of the Constitution and the national government played a critical role in his repudiation of the doctrine of nullification as it was advanced by South Carolina. But looking at the phrase from this perspective is not without enormous drawbacks. On the contrary, his conception of founding can be considered the major centripetal “force” in his theory of federalism. From our vantage point this is hardly a “minor” inconsistency. Our division seems reasonable because our concern is with Madison’s views on federalism or the relationship between the state and national authority. However, Madison never endorsed an all-encompassing federal power to pass laws on any subject. Alexander Hamilton was the force behind the project, andwas responsible for recruiting James Madison and John Jay towrite with him as Publius. In any event, as we have already seen, integral to any dispute over the proper boundaries between state and national jurisdictions is the issue of what “tests” or rules ought to be employed. Nevertheless, as we will also make clear, there is no gainsaying the “other” position that forms the theoretical framework for understanding the perplexing problems that he confronted throughout his second phase. Instances of inferior moment are the want of uniformity in the laws concerning naturalization and literary property; of provision for national seminaries, for grants of incorporation for national purposes, for canals and other works of general utility, which may at present be defeated by the perverseness of particular States whose concurrence is necessary” 8 —ends that are particularly noteworthy in light of the views he was subsequently to express in his second phase. Given its unlimited power to impose taxes and raise armies, Anti-Federalists worried that the federal government would soon overstep its bounds and oppress the people and states. However, in his later writings, Madison does maintain that the “tribunal” to which he refers in this passage is the Supreme Court. [70 ]Toward the end of the Virginia Report he does acknowledge the amendment alternative. He mentions amendments; a “tribunal,” the Supreme Court as it turns out; “common constituents,” (which would “square” the practical with the theoretical); a firm “consensus,” such as that which formed around the legitimacy of the national bank; and “interposition.” In no instance does he suggest that the states, save as they participate in the amendment or interposition processes, should have any say in the final resolution of disputes between the two jurisdictions. The ratification debates do not represent Madison’s last word on federalism. [22 ]Here we refer not only to his prior positions but his behavior in the first Congress as well. That Madison shared this view is clear from his discussion of the separation of powers in essays 47 through 51. Similar concerns arise with determining what we have called the “consensus” among the common constituents. Yet, on this matter, the revisionists cannot rightly be called revisionists; that is, as the following selection shows, an extremely strong case can be made that Hamilton’s view of the union was closer to what the Framers intended than Jefferson’s or that advanced by Madison after the system was set in motion. As we might expect, it is a search in which we find Madison again shifting ground, so much so that he appears to provide no definitive answer to this critical concern. Indeed, if we take recent decades as our measure, we seem to have retrogressed: we still cling to the principle of federalism built upon Madison’s notion of “divided sovereignty” —if, that is, we are to believe our American government textbooks—but in decision-making circles at the national level, concern about the states’ portion of sovereignty, a matter of enormous concern for Madison, is clearly on the wane. Federalist 46 Concerning The Influence of the State and Federal Governments Compared. Federalist #39 describes and defends Madison’s interpretation of the distinctive theory of federalism embodied in the Constitution. While this solution is tantamount to making Congress, the chief repository of national powers, the judge of the extent, Madison, writing as Publius, did not see any real dangers to the states’ residual sovereignty resulting from this. Significant portions of his analysis in Federalist 39 seem to be fully compatible with the positions and thoughts expressed in his second phase. As Publius puts this: “The mode provided by the plan of the convention is not founded on either” national or federal principles. This can best be illustrated by examining some of his salient positions. The fact is that Madison, even writing as Publius, is not at all unambiguous about how disputes should be settled. The President and Vice-President are chosen by a complicated process that allocates electors to each state mostly on the basis of population but with a bias in favor of small states. Nevertheless, we are still left to deal with the matter of the states’ “inviolable sovereignty.” It seems evident that Madison wanted to avoid spelling out the contents of that sovereignty. The Federalist Papers Alexander Hamilton, John Jay, James Madison. The other tests scarcely involve any problems or controversy at all. Why Madison involved himself so deeply in such an exercise and why, afterwards, he sought to justify it on the grounds that he does is puzzling, particularly in light of Article V which provides an easier and constitutional means of redress. What is beyond dispute is that, no matter what interpretation we lend to Madison’s thoughts, there is an insurmountable gulf between them and the more controversial of our current practices regarding state-national relations. 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