TOPIC #9 — THE POLITICAL THEORY OF THE CONSTITUTION

Federalist papers #10 and #51, both by James Madison, are generally considered to be the most important and, over the subsequent years, have been the most influential of the 85 papers. They are certainly the two that are the most widely discussed and (mostly) admired by contemporary political scientists. They are now regularly included — along with the Declaration of Independence and the Constitution — in the appendices to American Government textbooks. In these two papers, Madison sets out the basic theoretical rationale for the Constitution.

Madison would acknowledge that making the new central government as “democratic” as possible was not the Framers’ overriding motive. Rather, it was to create a “popular” central government that would be both effective and, at the same time, safe — that is, non-tyrannical.

Q1.     What does Madison understand to be the difference between the “republican” and “democratic” types of popular governments?

Q2.     According to Madison, how does the proposed Constitution offer protection against both “classical tyranny” and “factional tyranny”?

Q3.     The conventional wisdom of the day (invoked by the Antifederalists) was that popular government could flourish only in small communities (i.e., at the local and [possibly] state level). This argument, if not rebutted, provided ammunition for opposing a stronger central government (whose rule would extend over a continental nation). How does Madison turn this argument on its head and argue that popular government is actually more secure and less likely to produce factional tyranny in an extensive republic?

Q4.     In 1787, many states still had established churches (e.g., the Congregational Church in Massachusetts and other New England states, the Anglican [Episcopal] Church in many southern states [including Virginia until shortly before 1787]) and also had religious tests for holding public office. The U.S. Constitution established no church and prohibited any kind of religious test for holding U.S. office. How does this fact lend support to Madison’s argument in Federalist #10?

James Madison, Federalist Papers #10 and #51

"classical tyranny"

          “ambition counteracting ambition”

          separation of powers plus "checks and balances"

"factional tyranny"

          “mixed regime”

          constitutional check and balances

          factions and "social checks and balances"

          desirability of an “extensive compound republic”