Constitutional history -- United States -- Sources; Constitutional law -- United States
The definition of a CONFEDERATE REPUBLIC seems simply to be “an
assemblage of societies,” or an association of two or more states into
one state. The extent, modifications, and objects of the federal
authority are mere matters of discretion. So long as the separate
organization of the members be not abolished; so long as it exists, by
a constitutional necessity, for local purposes; though it should be in
perfect subordination to the general authority of the union, it would
still be, in fact and in theory, an association of states, or a
confederacy. The proposed Constitution, so far from implying an
abolition of the State governments, makes them constituent parts of the
national sovereignty, by allowing them a direct representation in the
Senate, and leaves in their possession certain exclusive and very
important portions of sovereign power. This fully corresponds, in every
rational import of the terms, with the idea of a federal government.
In the Lycian confederacy, which consisted of twenty-three CITIES or
republics, the largest were entitled to THREE votes in the COMMON
COUNCIL, those of the middle class to TWO, and the smallest to ONE. The
COMMON COUNCIL had the appointment of all the judges and magistrates of
the respective CITIES. This was certainly the most, delicate species of
interference in their internal administration; for if there be any
thing that seems exclusively appropriated to the local jurisdictions,
it is the appointment of their own officers. Yet Montesquieu, speaking
of this association, says: “Were I to give a model of an excellent
Confederate Republic, it would be that of Lycia.” Thus we perceive that
the distinctions insisted upon were not within the contemplation of
this enlightened civilian; and we shall be led to conclude, that they
are the novel refinements of an erroneous theory.
PUBLIUS.
[1] _Spirit of Laws_, vol. i., book ix., chap. i.
THE FEDERALIST.
No. X.
The Same Subject Continued
(The Union as a Safeguard Against Domestic Faction and Insurrection)
From the New York Packet.
Friday, November 23, 1787.
MADISON
To the People of the State of New York:
Public-domain text, read in full here on John Shaqi.
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