The Alleged Danger From the Powers of the Union to the State Governments Considered (Madison)
After using Federalist 41, 42, and 43 to discuss the various powers of the federal government, Madison uses this essay to address the central argument used by those opposed to the Constitution, which is that the powers of the federal government pose a danger to the states. Madison starts by noting that those who criticize the Constitution, never ask what powers are necessary for the working of a federal government but what problems such powers would hold. Madison then asserts that if all of the powers given to the federal government are shown to be essential for the security and liberty of the people, how could one then argue that the government should not exist? Madison then moves on to the crux of his cases, the federal government cannot exist without the state governments whereas the state government have, can and always will be able to exist without the federal government. Without state legislatures, there cannot be a President or a Senate. Madison also argues that the sum total of all of those working in government in all of the current and future states will always outnumber those working for the federal government so the states will always have more relative to the federal government. In addition, while conceding that the federal government has the power to lay taxes, Madison asserts that this power will not likely be used except for supplemental purposes of revenue. In addition, state governments will still have treasuries as well, allowing for their protection and a source of funds independent of the federal government. Lastly, Madison argues that states have powers that are reserved to them that will provide for the prosperity of the State.
This paper is interesting in that it seems quite antiquated today. The Senate is no longer chosen by the state legislatures. The number of people working for the federal government is much closer to be equal to the states now than was likely thought possible by Madison. The tax argument is almost laughable today, the federal government will only levy taxes except as supplemental revenue. The only substantive revenue the government has today is from taxation.
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