Constitution

Constitution Sunday: “Publius,” The Federalist XLVIII [James Madison]

New-York Packet February 1, 1788 James Madison, under the pseudonym Publius, wrote about the system of checks and balances housed in the draft Constitution—and how fragile they are. Those checks and balances are “a mere demarkation on parchment of the constitutional limits of the several departments”—those departments being the legislative, executive, and judicial. And the […]

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Constitution Sunday: “Publius,” The Federalist XLVI [James Madison]

New-York Packet January 29, 1788 James Madison, who would later become the fourth President of the United States, sought to quell fears of an overreaching and overly powerful federal government. The Constitution’s opponents had shared their fears—fears that Madison called “chimerical”—of a federal government that took power from the states and dominated the country’s governing. […]

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Constitution Sunday: “Publius,” The Federalist XLIV [James Madison] Part II

New-York Packet January 25, 1788 The Federalist XLIV [James Madison] Part II Article I, Section 8, Clause 18 of the Constitution has long sparked controversy, granting Congress the power to create necessary and proper laws to execute its other powers. James Madison, in the Federalist Papers, defended this provision against those who deemed it excessive. […]

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Constitution Sunday: “Publius,” The Federalist XLIV [James Madison] Part I

New-York Packet January 25, 1788 In a country comprised of states, there is bound to be overlap between what those states’ governments may do and what the federal government may do. But the draft Constitution clarified those boundaries and identified many of the rights that states have and don’t have. Crucially, the Constitution sets limits […]

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Constitution Sunday: “Publius,” The Federalist XLIII [James Madison]

Independent Journal (New York) January 23, 1788 An effective government is supposed to take care of its people’s problems. To even pretend to take care of people’s problems, a government must learn of the problems. When problems arise in smaller countries, those governments are likelier than those in large countries to have their governments learn […]

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