A Quote by James Madison
The proposed constitution, therefore, even when tested by the rules laid down by its antagonists, is, in strictness, neither a national nor a federal constitution; but a composition of both. In its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal, and partly national; in the operation of these powers, it is national, not federal; in the extent of them again, it is federal, not national; and finally, in the authoritative mode of introducing amendments, it is neither wholly federal, nor wholly national.
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The proposed Constitution is, in strictness, neither a national nor a federal constitution; but a composition of both.
It becomes all therefore who are friends of a Government based on free principles to reflect, that by denying the possibility of a system partly federal and partly consolidated, and who would convert ours into one either wholly federal or wholly consolidated, in neither of which forms have individual rights, public order, and external safety, been all duly maintained, they aim a deadly blow at the last hope of true liberty on the face of the Earth.
The tenth amendment said the federal government is supposed to only have powers that were explicitly given in the Constitution. I think the federal government's gone way beyond that. The Constitution never said that you could have a Federal Reserve that would have $2.8 trillion in assets. We've gotten out of control.
I believe that the Constitution is not hostile to the idea that national problems can be solved at the national level through the cooperative efforts of the three coequal branches of government, the Congress, the executive and courts. But not every president, not every legislator and not every judge agrees that the federal government has the power to address and to try to remedy the twin national problems of poverty and access to equal opportunity.
I believe in the Constitution. I believe in separation of powers. I believe in the rule of law. I believe in limited government. And these are principles and policies that apparently neither the national Republican nor the national Democrat Party believes in. I believe great damage is being done to our Constitution, and I see no remedy at all, no likelihood of that changing, if we rely on the two parties to field our candidates for national office.
Poverty is a national issue and needs a federal response. After all, U.S. federal government policies helped produce massive income inequality by lopsided breaks for the super wealthy.
My battles have been against federal actions that exceed the powers our Founders granted to the federal government in the constitution.
I think the federal government should be doing only what the Constitution says it should be. We don't have authority under the federal Constitution to have a big federal criminal justice system.
Prestige is the shadow of money and power. Where these are, there it is. Like the national market for soap or automobiles and the enlarged arena of federal power, the national cash-in area for prestige has grown, slowly being consolidated into a truly national system.
When national policy becomes hostage to regional interests, the federal government becomes paralysed and would be unable to act in the larger national interest.
We will find neither national purpose nor personal satisfaction in a mere continuation of economic progress, in an endless amassing of worldly goods. We cannot measure national spirit by the Dow Jones Average, nor national achievement by the Gross National Product.
Not surprisingly, the federal judiciary nearly always rules in favor of the federal government. Judicial review, contrary to the assurances of its advocates, has hardly restrained Congress at all. Instead it has progressively stripped the states of their traditional powers, while allowing federal power to grow unchecked.
The State governments possess inherent advantages, which will ever give them an influence and ascendancy over the National Government, and will for ever preclude the possibility of federal encroachments. That their liberties, indeed, can be subverted by the federal head, is repugnant to every rule of political calculation.
It is federal, because it is the government of States united in a political union, in contradistinction to a government of individuals, that is, by what is usually called, a social compact. To express it more concisely, it is federal and not national because it is the government of a community of States, and not the government of a single State or Nation.
Constitutions are violated, and it would be absurd to expect the federal government to enforce the Constitution against itself. If the very federal judges the Constitution was partly intended to restrain were the ones exclusively charged with enforcing it, then "America possesses only the effigy of a Constitution." The states, the very constituents of the Union, had to do the enforcing.
Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.
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