By Daniel Wirls (auth.)
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Extra resources for The Federalist Papers and Institutional Power in American Political Development
Example text
Again, Publius in no way states this as his intention. It emerges from the work, nevertheless. It is easy to argue that Publius, despite evident foresight, portrayed the three elements and their relationships as relatively fixed and stable. The immediate political purpose of the papers comes to mind. Even if so inclined, Publius had no incentive to speculate about how the system might evolve given he was trying to convince his audience that the proposed Constitution would not change into something many of his readers feared—a de facto monarchy, an overweening central authority, an aristocracy based in the national capital.
Who will determine whether a law or act is contrary to the Constitution? Congress can’t be a judge in its own cause, and frequent appeals to the people must be ruled out. “It is far more rational to suppose,” Publius concludes, “that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority” (78: 525). In this way, the judiciary is the protector of the better angels of our constitutional nature and we the people will render our support accordingly.
Federalism and the Federalist theory We have concentrated on the three decision-making institutions of the national government. Federalism plays a leading role in the constitutional scheme and in The Federalist, and is of course no less part of Publius’ model than the three branches. If we think of them as institutions, the individual states are potent actors in the system because of two factors: their powers and constituency. As far as powers, the states have the constitutional authority to legislate in myriad ways that act directly on individuals.