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A Guide to Re-Constituting Good Government
The Federalist’s insights are timeless, but some of its most famous lines might strike new readers as out-of-date. In Federalist 48, James Madison warned that “[t]he legislative department is every where extending the sphere of its activity, and drawing all power into its impetuous vortex.” And three papers later, writing of the Constitution’s separation of powers and federalism: “Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.”
The report’s focus on federalism deserves special attention. Today’s federalism often resembles the original Anti-Federalists’ worst fears: the states often seem to exist simply to administer federal programs and spend federal money. The states can assert themselves ― and they often do, at least in litigation challenging the policies of a presidential administration led by the opposite political party― but there is enormous need for deeper reforms that respect the states’ distinct responsibilities in our constitutional system.
The report’s focus on federalism deserves special attention. Today’s federalism often resembles the original Anti-Federalists’ worst fears: the states often seem to exist simply to administer federal programs and spend federal money. The states can assert themselves ― and they often do, at least in litigation challenging the policies of a presidential administration led by the opposite political party― but there is enormous need for deeper reforms that respect the states’ distinct responsibilities in our constitutional system.
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