Constitutional history -- United States -- Sources; Constitutional law -- United States
be to say at once, that the existence of the State governments is
incompatible with any system whatever that accomplishes the essential
purposes of the Union.
PUBLIUS.
THE FEDERALIST.
No. XLVI.
The Influence of the State and Federal Governments Compared
From the New York Packet. Tuesday, January 29, 1788.
MADISON
To the People of the State of New York:
Resuming the subject of the last paper, I proceed to inquire whether
the federal government or the State governments will have the advantage
with regard to the predilection and support of the people.
Notwithstanding the different modes in which they are appointed, we
must consider both of them as substantially dependent on the great body
of the citizens of the United States.
I assume this position here as it respects the first, reserving the
proofs for another place. The federal and State governments are in fact
but different agents and trustees of the people, constituted with
different powers, and designed for different purposes. The adversaries
of the Constitution seem to have lost sight of the people altogether in
their reasonings on this subject; and to have viewed these different
establishments, not only as mutual rivals and enemies, but as
uncontrolled by any common superior in their efforts to usurp the
authorities of each other. These gentlemen must here be reminded of
their error. They must be told that the ultimate authority, wherever
the derivative may be found, resides in the people alone, and that it
will not depend merely on the comparative ambition or address of the
different governments, whether either, or which of them, will be able
to enlarge its sphere of jurisdiction at the expense of the other.
Truth, no less than decency, requires that the event in every case
should be supposed to depend on the sentiments and sanction of their
common constituents. Many considerations, besides those suggested on a
former occasion, seem to place it beyond doubt that the first and most
natural attachment of the people will be to the governments of their
respective States.
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