John Parillo on: Federalist 46 to 48

Editors Note: The major purpose of American Free News Network, is education; education on American Civics and how our government is supposed to work. John Parillo has put forth a stellar effort to explain not only what the Framers did when they wrote our Constitution, but why.

Ed

In Federalist 46 Madison continues his exploration of the relationship between the Federal and State governments. Some of this has been addressed in previous papers and I will not review it here, but Madison never disappoints in providing us clear and convincing quotes about the key thoughts that ground our Constitution. He points out that, for those who oppose the new form of government, “They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone”. ^[1]

And to those who feared the new government he points out that the new federal government would not be beholden to the whims of the masses. Besides, the power of such a national government would be limited, “because it is only within a certain sphere that the federal power can, in the nature of things, be advantageously administered.” Most functions of government would more properly belong to the individual states. But should the federal government infringe on the states it would, “not excite the opposition of a single State, or of a few States only” but rather, a federal government that over steps its bounds would incite a response from all the states and their citizens. And that, “Plans of resistance would be concerted” to rein in a government that ignores the will of the people.

Even if the new federal army would decide to oppress the citizens,

“To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence.”

And in case, after these several statements, there remains any doubt about the intent of the Second Amendment, Madison goes on to point out that one of the big differences between the citizens of European countries, and those of the states, it is that the latter has,

“the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.”

There is always the possibility that governments of men will fail to represent the people. To that Madison once again reaches out to us today saying,

“Either the mode in which the federal government is to be constructed will render it sufficiently dependent on the people, or it will not. (If not, it) will not possess the confidence of the people, and its schemes of usurpation will be easily defeated by the State governments, who will be supported by the people.”

The subject of the separation of powers between the branches of government is addressed in Federalist 47. From our discussions on the Enlightenment philosophers, you may remember that Montesquieu felt that there needed to be a total separation between the various branches of government. Madison quotes him saying, “There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates”.  The proposed constitution did not have absolute separations. For instance, while all laws originate in the House of Representatives, the Executive branch still exerts some control over legislation by signature and veto authority. And, in reality, the British constitution to which Montesquieu was referring, blurred these lines to a much greater extent than did the proposed United States constitution. And finally, Madison defends this by pointing out that each of the thirteen states also allow some overlap between the branches of government.

From the assertion that total separation is unworkable in Federalist 47, Madison goes on In Federalist 48 to talk about the checks on power between governing branches that the proposed constitution does enshrine.  Once it has been established that the power in government should be divided, “the next and most difficult task is to provide some practical security for each, against the invasion of the others.” A great danger, says Madison, is from the, “all-grasping prerogative of an hereditary magistrate, supported and fortified by an hereditary branch of the legislative authority.” The idea that politics was to be a ‘family busines’ would have horrified our founders. By keeping the power to spend in the congress, and specifically the origin of spending bills in the people’s house, “the legislative department alone has access to the pockets of the people”. And especially for us in this day of the imperial presidency, Madison points out, “An ELECTIVE DESPOTISM was not the government we fought for”.

Madison was concerned that either war, or some other ‘emergency’, would result in government overreach. Using Pennsylvania as an example, Madison points out that the,

“executive department had not been innocent of frequent breaches of the constitution.” And that further, “being at once exempt from the restraint of an individual responsibility for the acts of the body, and deriving confidence from mutual example and joint influence, unauthorized measures would, of course, be more freely hazarded.”

Indeed.

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1. 1. All quotes are from https://guides.loc.gov/federalist-papers/text-41-50#s-lg-box-wrapper-25493411 ↑