![]() James Madison, author of Federalist No. 39 | |
Author | James Madison |
---|---|
Original title | The conformity of the Plan to Republican Principles |
Country | United States |
Language | English |
Series | The Federalist |
Publisher | The Independent Journal |
Publication date | January 16, 1788 |
Media type | Newspaper |
Preceded by | Federalist No. 38 |
Followed by | Federalist No. 40 |
Federalist No. 39, titled "The conformity of the Plan to Republican Principles", is an essay by James Madison, the thirty-ninth of The Federalist Papers , first published by The Independent Journal (New York) on January 16, 1788. [1] Madison defines a republican form of government, and he also considers whether the nation is federal or national: a confederacy, or consolidation of states.
This essay is one of 85 to urge ratification of the U.S. Constitution. James Madison, along with Alexander Hamilton and John Jay, sent these essays to try to sway the remaining nine states to preserve the Federal form of government, with a National government interest. [2]
Madison, as written in Federalist No. 10, had decided why factions cannot be controlled by pure democracy:
A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual. [3]
Madison then theorized the use of a republic, and the first form of a republic must be evaluated. The Roman Republic was a republic, but it was heavily monopolized at the top, almost aristocratic, in a sense, as it cared only about the rich. The poor were treated as outcasts, not as members of society, and were kept at a level of political immaturity rendering them mute at public meetings. In Madison's view every individual enjoys an absolute right, one of many divinely-bestowed endowments, notwithstanding his or her political, economic, historical, or social standing to be treated equally by, and exercise the right to an equal say (vis-a-vis all citizens) with regard to the nature of the government and authority of any Republic under which he or she is subordinated. [4]
Madison defines what republic means and states three rules that must apply to be considered a republic:
This corresponds to the Madisonian republic, which means the system of government where the citizens of the state elect representatives to make decisions for them using three powerful branches: the executive, the judicial, and the legislative.
From early in the Constitutional Convention, Madison held the position that the national government should be federal because if it were more extensive in relation to the states, that would increase the "probability of duration, happiness and good order". [6] It was not initially clear how the new government would interact with the states, and Madison was in favor of a federal form, "a political system in which at least two territorial levels of government share sovereign constitutional authority over their respective division and joint share of law-making powers; differently put, neither the federal government nor the relevant federative entities may unilaterally alter one another's powers without a process of constitutional amendment in which both levels of government participate." [7]
Other alternatives included a confederacy as under the Articles of Confederation or a more strictly national government. [8]
Federalism is a mode of government that combines a general government with regional governments in a single political system, dividing the powers between the two. Johannes Althusius is considered the father of modern federalism along with Montesquieu. He notably exposed the bases of this political philosophy in Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata (1603). Montesquieu sees in the Spirit of Laws, examples of federalist republics in corporate societies, the polis bringing together villages, and the cities themselves forming confederations. Federalism in the modern era was first adopted in the unions of states during the Old Swiss Confederacy.
The Federalist Papers is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as The Federalist until the name The Federalist Papers emerged in the twentieth century.
A confederation is a political union of sovereign states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issues, such as defence, foreign relations, internal trade or currency, with the central government being required to provide support for all its members. Confederalism represents a main form of intergovernmentalism, defined as any form of interaction around states that takes place on the basis of sovereign independence or government.
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution:
The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
In the United States, federalism is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and toward the national government. The progression of federalism includes dual, cooperative, and new federalism.
Federalist No. 10 is an essay written by James Madison as the tenth of The Federalist Papers, a series of essays initiated by Alexander Hamilton arguing for the ratification of the United States Constitution. It was first published in The Daily Advertiser on November 22, 1787, under the name "Publius". Federalist No. 10 is among the most highly regarded of all American political writings.
Federalist No. 78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. Like all of The Federalist papers, it was published under the pseudonym Publius.
Federalist No. 14 is an essay by James Madison titled "Objections to the Proposed Constitution From Extent of Territory Answered". This essay is the fourteenth of The Federalist Papers. It was first published in The New York Packet on November 30, 1787 under the pseudonym Publius, the name under which all The Federalist papers were published. It addresses a major objection of the Anti-Federalists to the proposed United States Constitution: that the sheer size of the United States would make it impossible to govern justly as a single country. Madison touched on this issue in Federalist No. 10 and returns to it in this essay.
Federalist No. 16, titled "The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union", is an essay by Alexander Hamilton. It is one of the eighty-five articles collected in the document The Federalist Papers. The entire collection of papers was written by Alexander Hamilton, James Madison, and John Jay. Federalist Paper No. 16 was first published on December 4, 1787 by The New York Packet under the pseudonym Publius. According to James Madison, "the immediate object of them was to vindicate and recommend the new Constitution to the State of [New York] whose ratification of the instrument, was doubtful, as well as important". In addition, the articles were written and addressed "To the People of New York".
Federalist No. 28, titled "The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered", is a political essay by Alexander Hamilton and the twenty-eighth of The Federalist Papers. The essay was published on December 28, 1787, under the pseudonym Publius, the name under which all The Federalist Papers were published. This is the last of the three essays discussing the powers of the federal government over a standing military, directly following Federalist No. 26 and Federalist No. 27. Its theme of defense would be continued for one more essay in Federalist No. 29.
Federalist Paper No. 29 is an essay by Alexander Hamilton, the twenty-ninth of The Federalist Papers. It was first published in The Independent Journal on January 9, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. It is titled "Concerning the Militia". Unlike the rest of the Federalist Papers, which were published more or less in order, No. 29 did not appear until after Federalist No. 36.
Federalist No. 51, titled: "The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments", is an essay by James Madison, the fifty-first of The Federalist Papers. This document was first published by The New York Packet on February 8, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. Federalist No. 51 addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government. The idea of checks and balances is a crucial part of the U.S. system of government. One of Federalist No. 51's most important ideas, an explanation of checks and balances, is the often-quoted phrase, "Ambition must be made to counteract ambition."
Federalist No. 37 is an essay by James Madison, the thirty-seventh of The Federalist Papers. It was first published by The Daily Advertiser on January 11, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. This paper discusses some of the political questions raised at the constitutional convention. It is titled "Concerning the Difficulties of the Convention in Devising a Proper Form of Government".
Federalist No. 41, titled "General View of the Powers Conferred by the Constitution", is an essay written by James Madison as the forty-first of The Federalist Papers. These essays were published by Alexander Hamilton, with John Jay and James Madison serving as co-authors, under the pseudonym "Publius." No. 41 was first published by The New York Packet on January 19, 1788 and argues about the necessity of the powers the Constitution vested upon the general government as well as the meaning of the phrase "general welfare".
Federalist No. 43 is an essay by James Madison, the forty-third of The Federalist Papers. It was first published by The New York Packet on January 23, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. This paper continues a theme begun by Madison in Federalist No. 42. It is titled "The Same Subject Continued: The Powers Conferred by the Constitution Further Considered".
Federalist No. 44 is an essay by James Madison, the forty-fourth of The Federalist Papers. It was first published by The New York Packet on January 25, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. This essay addresses the Constitution's limitation of the power of individual states, something strongly decried by the Anti-Federalists, who sought a greater degree of sovereignty for the states. It is titled "Restrictions on the Authority of the Several States".
Federalist No. 66 is an essay by Alexander Hamilton, the sixty-sixth of The Federalist Papers. It was published on March 8, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. The title is "Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered".
Federalist No. 81 is an essay by Alexander Hamilton, the eighty-first of The Federalist Papers. It was published on June 25 and 28, 1788 under the pseudonym Publius, the name under which all The Federalist papers were published. The title is "The Judiciary Continued, and the Distribution of the Judicial Authority", and it is the fourth in a series of six essays discussing the powers and limitations of the Judicial branch.
The Madisonian model is a structure of government in which the powers of the government are separated into three branches: executive, legislative, and judicial. This came about because the delegates saw the need to structure the government in such a way to prevent the imposition of tyranny by either majority or minority. James Madison proposed this governmental scheme so that the power and influence of each branch would be balanced by those of the others. The separation of powers is a result of Congress passing laws, the president enforcing laws, and the courts interpreting the laws. The three branches of government are independent from each other, yet cooperate by necessity. In the Federalist Paper No. 51, Madison illustrated his beliefs on how a balance in the power was necessary for a government to exist.
James Madison was an American statesman, diplomat, and Founding Father who served as the 4th president of the United States from 1809 to 1817. He is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. Disillusioned by the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention, which produced a new constitution. Madison's Virginia Plan served as the basis for the Constitutional Convention's deliberations, and he was one of the most influential individuals at the convention. He became one of the leaders in the movement to ratify the Constitution, and he joined with Alexander Hamilton and John Jay in writing The Federalist Papers, a series of pro-ratification essays that was one of the most influential works of political science in American history.