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2. Montesquieu and The Federalist: A Contested Legacy at the American Founding.
- Author
-
Toudic, Hugo and Spector, Céline
- Subjects
FEDERAL government ,POLITICAL doctrines - Abstract
During the contentious political debate of 1787, Montesquieu enjoyed exceptional prestige in the United States. In their struggle against the Constitution adopted in Philadelphia, Anti-Federalists appealed to The Spirit of the Laws as their leading authority. In response, those defending the proposed Constitution had to go back to Montesquieu's founding theories to counter the arguments of their opponents. Building upon previous scholarship, this article will explore three aspects of The Federalist 's political doctrine where Madison and Hamilton analyzed and subverted Montesquieu's ideas: first, the dogma that republics cannot survive when surrounded by empires if they do not unite their forces in a confederation; second, that in a federative state as in any kind of state, power should limit power; third, that in this constitutional arrangement, an independent judiciary should play a special role. Thus, the core of American federal ideology was borrowed from Montesquieu: that multiple layers of government could legitimately exist within a single polity, and that such an arrangement is not a defect to be lamented but a virtue to be celebrated if the balance of powers is properly respected. Yet it is only by confronting the Anti-Federalists' intellectual allegiance to axioms of The Spirit of the Laws that Madison and Hamilton were able to provide the first political treatise – however unfinished it might be – on the viability of modern democracies. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
3. DEFENDING FEDERALISM: REALIZING PUBLIUS'S VISION.
- Subjects
- *
FEDERAL government , *FEDERAL legislation , *CONSTITUTIONS , *DESPOTISM ,UNITED States politics & government - Abstract
The article focuses on the vision of Publius, a collective pseudonym for the authors of the publication "Federalist Papers" namely Alexander Hamilton, James Madison, and John Jay. It discusses the way Publius defends a Constitution that focuses on the creation of power that the U.S. government lacked during the Articles of Confederation period, but taking into considerations the tyranny that it may bring. It is noted that a system containing "auxiliary precautions" against tyrannical usurpations is created. The vertical competition model and the guard dog model proposed by Publius are presented, as well as the features and implications of such models.
- Published
- 2008
4. Divided Publius: Democracy, Federalism, and the Cultivation of Public Sentiment.
- Author
-
Smith, Troy E.
- Subjects
FEDERAL government ,DEMOCRACY ,PUBLIC opinion ,CONSTITUTIONS ,UNITED States politics & government - Abstract
Alexander Hamilton and James Madison agreed in the Federalist that the Constitution authorizes both political and judicial processes to define and safeguard the boundaries of federalism, but disagreed on public opinion's role in a republic and how to cultivate public sentiment for the Constitution. Hamilton preferred resolving intergovernmental disputes via political and public processes because public endorsement would legitimize broad national powers. Madison favored building public sentiment for the Constitution through strict limits on the national government enforced in part by the judiciary. He thought resolving intergovernmental disputes via public processes would confirm widespread suspicions of imperium in imperio and might provoke a popular backlash that would upset the constitutional equilibrium and undermine even legitimate national powers. This difference foreshadows Hamilton and Madison's later constitutional disagreements, reveals fundamental ambiguities in America's federal system, and confirms the need to consider how institutions and policies affect public sentiment for the constitutional order. [ABSTRACT FROM AUTHOR]
- Published
- 2007
- Full Text
- View/download PDF
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