Constitutional history -- United States -- Sources; Constitutional law -- United States
If we try the Constitution by its last relation to the authority by
which amendments are to be made, we find it neither wholly NATIONAL nor
wholly FEDERAL. Were it wholly national, the supreme and ultimate
authority would reside in the MAJORITY of the people of the Union; and
this authority would be competent at all times, like that of a majority
of every national society, to alter or abolish its established
government. Were it wholly federal, on the other hand, the concurrence
of each State in the Union would be essential to every alteration that
would be binding on all. The mode provided by the plan of the
convention is not founded on either of these principles. In requiring
more than a majority, and principles. In requiring more than a
majority, and particularly in computing the proportion by STATES, not
by CITIZENS, it departs from the NATIONAL and advances towards the
FEDERAL character; in rendering the concurrence of less than the whole
number of States sufficient, it loses again the FEDERAL and partakes of
the NATIONAL character.
The proposed Constitution, therefore, is, in strictness, neither a
national nor a federal Constitution, but a composition of both. In its
foundation it is federal, not national; in the sources from which the
ordinary powers of the government are drawn, it is partly federal and
partly national; in the operation of these powers, it is national, not
federal; in the extent of them, again, it is federal, not national;
and, finally, in the authoritative mode of introducing amendments, it
is neither wholly federal nor wholly national.
PUBLIUS.
THE FEDERALIST.
No. XL.
The Powers of the Convention to Form a Mixed Government Examined and
Sustained
From the New York Packet.
Friday, January 18, 1788.
MADISON
To the People of the State of New York:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account