The Federalist Papers
enjoy another advantage over the federal government. The more adequate,
indeed, the federal powers may be rendered to the national defense, the
less frequent will be those scenes of danger which might favor their
ascendancy over the governments of the particular States.
If the new Constitution be examined with accuracy and candor, it will
be found that the change which it proposes consists much less in the
addition of NEW POWERS to the Union, than in the invigoration of its
ORIGINAL POWERS. The regulation of commerce, it is true, is a new power;
but that seems to be an addition which few oppose, and from which no
apprehensions are entertained. The powers relating to war and
peace, armies and fleets, treaties and finance, with the other more
considerable powers, are all vested in the existing Congress by the
articles of Confederation. The proposed change does not enlarge these
powers; it only substitutes a more effectual mode of administering them.
The change relating to taxation may be regarded as the most important;
and yet the present Congress have as complete authority to REQUIRE
of the States indefinite supplies of money for the common defense and
general welfare, as the future Congress will have to require them of
individual citizens; and the latter will be no more bound than the
States themselves have been, to pay the quotas respectively taxed
on them. Had the States complied punctually with the articles of
Confederation, or could their compliance have been enforced by as
peaceable means as may be used with success towards single persons,
our past experience is very far from countenancing an opinion, that the
State governments would have lost their constitutional powers, and have
gradually undergone an entire consolidation. To maintain that such an
event would have ensued, would 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
FEDERALIST No. 46
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. Into
the administration of these a greater number of individuals will
expect to rise. From the gift of these a greater number of offices and
emoluments will flow. By the superintending care of these, all the more
domestic and personal interests of the people will be regulated and
provided for. With the affairs of these, the people will be more
familiarly and minutely conversant. And with the members of these,
will a greater proportion of the people have the ties of personal
acquaintance and friendship, and of family and party attachments; on
the side of these, therefore, the popular bias may well be expected most
strongly to incline.
Experience speaks the same language in this case. The federal
administration, though hitherto very defective in comparison with
what may be hoped under a better system, had, during the war, and
particularly whilst the independent fund of paper emissions was in
credit, an activity and importance as great as it can well have in
any future circumstances whatever. It was engaged, too, in a course of
measures which had for their object the protection of everything that
was dear, and the acquisition of everything that could be desirable to
the people at large. It was, nevertheless, invariably found, after
the transient enthusiasm for the early Congresses was over, that the
attention and attachment of the people were turned anew to their own
particular governments; that the federal council was at no time the idol
of popular favor; and that opposition to proposed enlargements of its
powers and importance was the side usually taken by the men who wished
to build their political consequence on the prepossessions of their
fellow-citizens.
If, therefore, as has been elsewhere remarked, the people should in
future become more partial to the federal than to the State governments,
the change can only result from such manifest and irresistible proofs
of a better administration, as will overcome all their antecedent
propensities. And in that case, the people ought not surely to be
precluded from giving most of their confidence where they may discover
it to be most due; but even in that case the State governments could
have little to apprehend, because it is only within a certain sphere
that the federal power can, in the nature of things, be advantageously
administered.
The remaining points on which I propose to compare the federal and State
governments, are the disposition and the faculty they may respectively
possess, to resist and frustrate the measures of each other.
It has been already proved that the members of the federal will be more
dependent on the members of the State governments, than the latter will
be on the former. It has appeared also, that the prepossessions of the
people, on whom both will depend, will be more on the side of the State
governments, than of the federal government. So far as the disposition
of each towards the other may be influenced by these causes, the State
governments must clearly have the advantage. But in a distinct and very
important point of view, the advantage will lie on the same side. The
prepossessions, which the members themselves will carry into the federal
government, will generally be favorable to the States; whilst it will
rarely happen, that the members of the State governments will carry into
the public councils a bias in favor of the general government. A local
spirit will infallibly prevail much more in the members of Congress,
than a national spirit will prevail in the legislatures of the
particular States. Every one knows that a great proportion of the errors
committed by the State legislatures proceeds from the disposition of
the members to sacrifice the comprehensive and permanent interest of the
State, to the particular and separate views of the counties or districts
in which they reside. And if they do not sufficiently enlarge their
policy to embrace the collective welfare of their particular State, how
can it be imagined that they will make the aggregate prosperity of the
Union, and the dignity and respectability of its government, the objects
of their affections and consultations? For the same reason that the
members of the State legislatures will be unlikely to attach themselves
sufficiently to national objects, the members of the federal legislature
will be likely to attach themselves too much to local objects. The
States will be to the latter what counties and towns are to the former.
Measures will too often be decided according to their probable effect,
not on the national prosperity and happiness, but on the prejudices,
interests, and pursuits of the governments and people of the individual
States. What is the spirit that has in general characterized the
proceedings of Congress? A perusal of their journals, as well as the
candid acknowledgments of such as have had a seat in that assembly,
will inform us, that the members have but too frequently displayed
the character, rather of partisans of their respective States, than of
impartial guardians of a common interest; that where on one occasion
improper sacrifices have been made of local considerations, to the
aggrandizement of the federal government, the great interests of the
nation have suffered on a hundred, from an undue attention to the local
prejudices, interests, and views of the particular States. I mean not by
these reflections to insinuate, that the new federal government will not
embrace a more enlarged plan of policy than the existing government may
have pursued; much less, that its views will be as confined as those of
the State legislatures; but only that it will partake sufficiently
of the spirit of both, to be disinclined to invade the rights of the
individual States, or the prerogatives of their governments. The motives
on the part of the State governments, to augment their prerogatives
by defalcations from the federal government, will be overruled by no
reciprocal predispositions in the members.
Were it admitted, however, that the Federal government may feel an equal
disposition with the State governments to extend its power beyond the
due limits, the latter would still have the advantage in the means of
defeating such encroachments. If an act of a particular State, though
unfriendly to the national government, be generally popular in that
State and should not too grossly violate the oaths of the State
officers, it is executed immediately and, of course, by means on the
spot and depending on the State alone. The opposition of the federal
government, or the interposition of federal officers, would but inflame
the zeal of all parties on the side of the State, and the evil could
not be prevented or repaired, if at all, without the employment of means
which must always be resorted to with reluctance and difficulty. On the
other hand, should an unwarrantable measure of the federal government be
unpopular in particular States, which would seldom fail to be the case,
or even a warrantable measure be so, which may sometimes be the case,
the means of opposition to it are powerful and at hand. The disquietude
of the people; their repugnance and, perhaps, refusal to co-operate with
the officers of the Union; the frowns of the executive magistracy of the
State; the embarrassments created by legislative devices, which
would often be added on such occasions, would oppose, in any State,
difficulties not to be despised; would form, in a large State, very
serious impediments; and where the sentiments of several adjoining
States happened to be in unison, would present obstructions which the
federal government would hardly be willing to encounter.
But ambitious encroachments of the federal government, on the authority
of the State governments, would not excite the opposition of a single
State, or of a few States only. They would be signals of general alarm.
Every government would espouse the common cause. A correspondence would