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James Madison and his view of current Federalism

How would James Madison feel about the Current State of Federalism?

This paper is going to ascertain what Madison's view on the current state of federalism would be by understanding what federalism and government is, discovering the intent of the framers of the constitution, their reasons for establishing a federal system, evaluating the detailed history of James Madison's career, examining the progression of federalism in American history, analyze current views of our federal body, and finally compare those views to Madison's.

In order to understand what James Madison's views on federalism where it is first necessary to understand what federalism means. The word came into English from the Latin word Foederatus, which means, "bound by treaty"(Judson 24). The earliest recorded use of the word in English language was by the 17th century puritans when they spoke of federal theology meaning a covenant between God and the settlers in America (Judson 24). Federalism, as a tool of governing, was developed in order to link separate states together with a national order in order to pursue effective objectives that are otherwise unobtainable alone. Federalism defined by Nelson A. Rockefeller is "a government by


Confederation was formed during the Revolutionary War in order to bring greater strength between the States in order to fight the British and win independence. Each state had the same number of representatives that met in Congress. There was no Executive, and as a result tension amongst the states grew, particularly over trade issues, and states failed to provide their contributions to the common budget for common services such as defense. To rectify the situation James Madison urged a convention to meet in Annapolis in which specific flaws of the articles could be worked out. In Madison's words they where to meat in order "to consider how far a uniform system in their commercial relations may be necessary to their common interest and permanent harmony" (Dougless 32). This convention failed having only twelve delegates from five states attend. As a result of the failed convention, a new convention was called for "to deliberate on all measures necessary to cement the union of the states and promote their permanent tranquility and security", which was to assemble on the second Monday in May of 1787 in Philadelphia (Dougless 33).

The essential difference between a free Government and a Governments not free, is that the former is founded in compact, the parties to which are mutually and equally bound by it. Neither of them therefore can have a greater right to break off from the bargain again, then the other or others have to hold them to it (Banning 93).

Banning, Lance. The Sacred Fire of Liberty. Cornell University Press. Ithica and London. 1995.

It is difficult to understand Madison's public view of federalism represented by the Federalist Papers with that of Madison's Correspondence of 1787. Publius's, his authorial pseudonym, arguments stress "the reserved rights of the states and the limited nature of the newly minted federal government (Furtwangler 47). However in Madison's correspondence, Madison "decried the structure of the Senate and was especially aggrieved by the omission of a federal veto over state statues (Furtwangler 47). From Madison's Correspondence of 1787 it is clear that Madison's view of Federalism is that there should be a strong central power of government.

Every year Congress considers bills and the federal court render decisions that could result in the preemption of state authority or common law. Adverse decisions may result not only in nullifying state legislative acts or court decisions, but also may result in narrowing the range of issues that state legislatures may consider in the future. The threat is the steady, incremental, year by year there is an erosion of the jurisdiction of state legislatures.

James Madison and his followers who believed in such a constitution became known as the Federalists. Advocates of the federalist where Anti-federalist who believed that power should be moved towards the states. They believed that with a national government a tyrannical government would form. However James Madison knew that these worries were not necessary since he envisioned that the big bulk of power was going to be delegated to congress in an effort to give the power to the people. In an effort to convince the people that the federalist system was the best way, Madison joined with John jay and Alexander Hamilton in a series of papers now referred to as the Federalist papers.

James Madison, in an effort to capture New York's vote for the constitution, introduced a variety of political views by co-authoring in the Federalist Papers. The astonishing fact that James Madison believed that more power should be delegated to a central government then was intended. However while writing multiple articles in the federalist papers he acutely lessened his standpoint so that he did not promote fear in the Americans who had recently won independence from a tyrannical government. If he had promoted stronger centralization in his writings people might take such teachings of a ce

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Approximate Word count = 3076
Approximate Pages = 12 (250 words per page double spaced)


  

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