Conservatism, centralization, and constitutional federalism

Political Federalism

The foregoing account, while familiar to virtually all students of American government, is a necessary prelude to the development of the second model or framework of federalism that emerges from the pages of The Federalist. The outlines of this second understanding of state/national relations is found in the very first paragraph of essay number forty-six. Madison points out here that the national and state government are both "substantially dependent on the great body of citizens of the United States"; that they are "but different agents and trustees of the people, instituted with different powers, and designated for different purposes." He notes that "The adversaries of the Constitution" have viewed them in a different light, "as mutual rivals and enemies" lacking any common superior. This view, he insists, is erroneous. At this juncture in his argument, we might expect Madison to repeat what he has said about an impartial tribunal in number thirty nine; to wit, that a tribunal will impartially resolve disputes between the two jurisdictions ... But he does not do so. Instead he contends that these adversaries "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." He concludes, "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" (243).

By "the sentiments and sanction of their common constituents" it seems clear that Madison has in mind the people of the United States, collectively speaking. It is the sentiments and sanction of the people comprising the nation--whether the people in this context be thought of as a majority of the adult population or in a more restrictive sense, e.g., the majority of qualified voters--that ought to be the ultimate authority in determining the extent of national/states powers. It seems equally clear that the will or sentiments of the people or common constituents can only be determined through an organ of national government, principally by the distinctly political departments of the national government, primarily the Congress. These conclusions are clearly affirmed by what both Madison and Hamilton write elsewhere concerning the relative strengths and appeals of the two governments in securing popular support. For instance, at various points in The Federalist both simply assume that disputes between the states and national government will be settled by the people. Hamilton acknowledges in Federalist no. 31 that "in republics, strength is always on the side of the people" and points out--supporting Madison's estimate set forth later in Federalist nos. 45 and 46--that there are "weighty reasons" to believe that the state governments will enjoy advantages in any contest for popular support (153). But neither is certain that this will necessarily be the case. Madison, for instance, writes that the national government can overcome the advantages enjoyed by the states with the common constituents by "manifest and irresistible proofs of a better administration" (46:244), and Hamilton in essay no. 27 sets forth a variety of reasons for believing it very probable that "the general government will be better administered than the particular governments" (133).