Constitutional history -- United States -- Sources; Constitutional law -- United States
would interfere with some and not with other constitutions, and would
consequently be valid in some of the States, at the same time that it
would have no effect in others. In fine, the world would have seen, for
the first time, a system of government founded on an inversion of the
fundamental principles of all government; it would have seen the
authority of the whole society every where subordinate to the authority
of the parts; it would have seen a monster, in which the head was under
the direction of the members. 3. “The Senators and Representatives, and
the members of the several State legislatures, and all executive and
judicial officers, both of the United States and the several States,
shall be bound by oath or affirmation to support this Constitution. “It
has been asked why it was thought necessary, that the State magistracy
should be bound to support the federal Constitution, and unnecessary
that a like oath should be imposed on the officers of the United
States, in favor of the State constitutions. Several reasons might be
assigned for the distinction. I content myself with one, which is
obvious and conclusive. The members of the federal government will have
no agency in carrying the State constitutions into effect. The members
and officers of the State governments, on the contrary, will have an
essential agency in giving effect to the federal Constitution. The
election of the President and Senate will depend, in all cases, on the
legislatures of the several States. And the election of the House of
Representatives will equally depend on the same authority in the first
instance; and will, probably, forever be conducted by the officers, and
according to the laws, of the States. 4. Among the provisions for
giving efficacy to the federal powers might be added those which belong
to the executive and judiciary departments: but as these are reserved
for particular examination in another place, I pass them over in this.
We have now reviewed, in detail, all the articles composing the sum or
quantity of power delegated by the proposed Constitution to the federal
government, and are brought to this undeniable conclusion, that no part
of the power is unnecessary or improper for accomplishing the necessary
objects of the Union. The question, therefore, whether this amount of
power shall be granted or not, resolves itself into another question,
whether or not a government commensurate to the exigencies of the Union
shall be established; or, in other words, whether the Union itself
shall be preserved.
PUBLIUS.
THE FEDERALIST.
No. XLV.
The Alleged Danger From the Powers of the Union to the State
Governments Considered
For the Independent Journal.
MADISON
To the People of the State of New York:
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