Constitutional history -- United States -- Sources; Constitutional law -- United States
On summing up the considerations stated in this and the last paper, they
seem to amount to the most convincing evidence, that the powers proposed
to be lodged in the federal government are as little formidable to those
reserved to the individual States, as they are indispensably necessary
to accomplish the purposes of the Union; and that all those alarms which
have been sounded, of a meditated and consequential annihilation of
the State governments, must, on the most favorable interpretation, be
ascribed to the chimerical fears of the authors of them.
PUBLIUS
FEDERALIST No. 47
The Particular Structure of the New Government and the Distribution of
Power Among Its Different Parts.
For the Independent Journal. Wednesday, January 30, 1788.
MADISON
To the People of the State of New York:
HAVING reviewed the general form of the proposed government and
the general mass of power allotted to it, I proceed to examine the
particular structure of this government, and the distribution of this
mass of power among its constituent parts.
One of the principal objections inculcated by the more respectable
adversaries to the Constitution, is its supposed violation of the
political maxim, that the legislative, executive, and judiciary
departments ought to be separate and distinct. In the structure of the
federal government, no regard, it is said, seems to have been paid to
this essential precaution in favor of liberty. The several departments
of power are distributed and blended in such a manner as at once to
destroy all symmetry and beauty of form, and to expose some of the
essential parts of the edifice to the danger of being crushed by the
disproportionate weight of other parts.
No political truth is certainly of greater intrinsic value, or is
stamped with the authority of more enlightened patrons of liberty, than
that on which the objection is founded. The accumulation of all powers,
legislative, executive, and judiciary, in the same hands, whether of
one, a few, or many, and whether hereditary, self-appointed, or elective,
may justly be pronounced the very definition of tyranny. Were the
federal Constitution, therefore, really chargeable with the accumulation
of power, or with a mixture of powers, having a dangerous tendency to
such an accumulation, no further arguments would be necessary to inspire
a universal reprobation of the system. I persuade myself, however,
that it will be made apparent to every one, that the charge cannot
be supported, and that the maxim on which it relies has been totally
misconceived and misapplied. In order to form correct ideas on this
important subject, it will be proper to investigate the sense in which
the preservation of liberty requires that the three great departments of
power should be separate and distinct.
Public-domain text, read in full here on John Shaqi.
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