Federalist #39

The Conformity of the Plan to Republican Principles  (Madison)

In Federalist No. 39, Madison lays out the nature of true republicanism and attempts to describe for the reader what kind of government the Constitution creates.  Madison says that a true republic will have the following features: the power to govern will be derived from the consent of the governed; the government shall be representative in nature rather than directly democratic; and that the terms of office must somehow be limited (by “good behavior” for example).  Madison also argues that such a government must be derived from the whole of society and not from its most privileged classes, “otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of their powers, might aspire to the rank of republicans, and claim for their government the honorable title of republic.”

Madison then goes on to demonstrate how the proposed Constitution is in keeping with these outlined principles.  For example, he notes that the House of Representatives is elected by “the great body of the people.”  Madison also notes that judges, senators and even the president are bestowed office according to popular will, even if indirectly so.  Madison also argues that because the Constitution itself is to be founded upon the principle that it must be ratified by the people, the form of government it creates, having the representative features he discusses, must surely be republican in nature.Madison also goes on to discuss how this proposed Constitution attempts to strike a balance between what he calls national government and federal government.  Madison says that the republican government created by the Constitution is national in nature with regard to the powers of government, the operation of government but federal in the extent of its powers.  Madison supports these assertions by pointing out that while the government under the Constitution will have equal power over all states and citizens it will only be able to exert such power in clearly enumerated areas of policy, leaving those not enumerated to the several states.  Madison also argues that because the states must approve the Constitution unanimously, the concept of federalism is also preserved in this aspect of the creation of this new form of government.