Tag: Federalism

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

    Independent Journal (New York)

    February 6, 1788

    “But what is government itself but the greatest of all reflections of human nature?” This rhetorical question, which James Madison posed, is one that governments throughout the world—throughout history—have answered by showing that even the best-intentioned government fails where it does not take human nature into account.

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  • The Civil War: George Templeton Strong: Diary, November 20-December 1, 1860

    The Civil War: George Templeton Strong: Diary, November 20-December 1, 1860

    November 20, 1860 to December 1, 1860

    New York City

    State laws often have an outsized influence on discussions of national politics. This is despite the fact that one state’s laws have no binding effect in other states; then, add to that the fact that some states will pass laws with little intent or resources backing the enforcement of those laws. Those are the laws that can be nothing more than pieces of paper as props in the political theater. But, when those laws touch on an inflammatory issue, the practicalities of the laws become irrelevant. The only thing that matters then is that the laws exist and that they could spread to other states, disrupting the status quo and creating concern as to the path that the nation and its states have chosen.

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  • Constitution Sunday: David Ramsay to Benjamin Lincoln

    Charleston, South Carolina

    January 29, 1788

    A letter from a South Carolinian to a Massachusettsan—and from a budding historian to a Revolutionary War hero—captured the spirit of the moment as South Carolina was preparing to assemble its convention to consider the Constitution. David Ramsay, who would soon publish a two-volume book about the American Revolution, wrote to Benjamin Lincoln of the recent happenings in South Carolina’s legislature and the tenor of the time as states were analyzing the potential for coexisting with a federal government.

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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. Rather than the states governing themselves and the federal government keeping to its own affairs, many of which related to international relations, the thinking was that the federal government would subsume those states’ powers and undermine their sovereignty.

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

    Independent Journal (New York)

    January 26, 1788

    A nation comprised of states (or provinces) will inevitably have tension between the national government and each of the state governments. Most frequently, at the center of that tension is sovereignty; one state’s policy preference may be anathema to another state.

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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 for what states may do to hinder their economies and to prosecute criminal behavior.

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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 of the problems: the proximity between the government and its people is closer. But in large countries, with their expanded geography and higher populations, arguably more problems arise, and problems can be confined to certain regions. This raises tensions between those regions—which can be far from the capital and have little chance to even voice the problems—, and it invariably leads to calls for a more responsive government. Sometimes, it even leads to calls for secession—for the region to break away and to have its own government that is tuned into the local issues. A system that has a federal government and local governments, in theory, should account for such regional issues. But there are some issues that add layers of complexity: if the local problem is one that can fester into violence, or insurrection, this raises questions about how a federal government should handle the situation. In a country with a federal government and state governments, with overlapping spheres of power between them, questions arise: what if a state begins to move away from a republican form of government or there is an outbreak of political violence or insurrection? What might the federal government do, based on the Constitution, to intervene and control the situation? There is a section of the Constitution—rarely discussed—that addresses these issues, and in The Federalist XLIII, James Madison deeply analyzed that portion of the Constitution.

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

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

    Independent Journal (New York)

    January 16, 1788

    The power of a government—and the supremacy of that power—often is tied to the ways in which it can reach the people’s lives. A federal government inherently raises concerns about overreach, and the draft Constitution’s proposed federal government evoked a question of whether it would be an all-powerful national government, sitting in the nation’s capital and presiding over the country’s affairs—distant though they may be from those holding power. James Madison, writing under the pen name Publius, explained that the proposed government was a blend of a federal and national one and therefore was worthy of Americans approving it.

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  • Constitution Sunday: Samuel Nasson’s “Pathetick Apostrophe” to Liberty

    Massachusetts Ratifying Convention

    February 1, 1788

    Changing a system—particularly a system about which one is fond—is difficult. For some, the system that the Articles of Confederation created was an ideal one as it permitted states to maintain a level of autonomy that the proposed Constitution would subsume. For Samuel Nasson, at the Massachusetts Ratifying Convention, this was a travesty given that the country had fought so hard to free its member states from Great Britain and its attempts to “enslave us, by declaring her laws supreme.”

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  • Constitution Sunday: Governor Samuel Huntington on the Need for Coercive National Power

    Connecticut Ratifying Convention.

    January 9, 1788

    When Connecticut’s Governor, Samuel Huntington, rose to speak at the state’s ratifying convention, he rose to second a motion by General Parsons to “assent to, ratify, and adopt the Constitution,” but in seconding the motion, Governor Huntington provided perspective and context for why he was asking the state’s delegates to ratify. To the Governor, the debate and potential ratification of the Constitution was “a new event in the history of mankind.—Heretofore, most governments have been formed by tyrants, and imposed on mankind by force.” This Constitution was being considered during a “time of peace and tranquility” and, “with calm deliberation,” the representatives were framing a novel system of government that accounted for the pitfalls that other governments had not avoided.

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