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Lesson 2

 

Federalist No. 39

Madison responded to this criticism by writing in Federalist No. 39 that the Constitution established a thoroughly federal system, albeit with some “judicious modifications” of the federal principle. Because it was to be ratified state by state, Madison argued that the Constitution would be federal in its origins. Moreover, given the representation of states in the Senate and the “mixed” manner in which Presidents would be chosen, the composition of the national government would be based, at least in part, on the federal principle, that is the representation of the people through their states. While the system is national or unitary in the sense that the laws passed by the national government would apply directly to the people of the nation and not to the states, the system remains federal because the extent of the national government’s powers would be limited. Because the jurisdiction of the national government “extends to certain enumerated objects only,” Madison wrote, the states are left with “a residuary and inviolable sovereignty over all other objects.”

In the federal system, Madison argued that the national and state governments should not be thought of as “mutual rivals and enemies” because they are “in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes” (Federalist No. 46). In other words, different levels of government should work within their spheres of influence for the good of the people, not fight against one another. Further addressing the fears of those opposed to the national government established by the Constitution, Madison contended that there would exist in the federal system a natural bias toward the position of the states:

A local spirit will infallibly prevail much more in the members of Congress, than a national spirit will prevail in the legislatures of the particular States. (No. 46)

The Framers of the Constitution created a federal system with a national government strong enough to unify the states in their pursuit of common goals without completely robbing the states of their independence. The inclusion of the federal principle in the Constitution was a critical factor in its approval by the state ratifying conventions. The benefits of federalism, however, have reached far beyond the ratification debates.

 

     
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