While the States were considering ratifying the Constitution, James Madison describes a prophetic ‘gathering storm’, doomsday scenario for the United States. However, his description was hypothetical and purportedly unlikely. Madison paints a picture of what the union would look like under healthy conditions and then contrasts that with terminal conditions that would destroy the union. His portrayal is fascinating and worth applying today.
In Federalist Paper 46, Madison discusses the happy and healthy situation where the Federal and State governments respect their constitutional boundaries. Madison says, “[the federal government will] be disinclined to invade the rights of the individual States, or the prerogatives of their governments”. Congress would be the “guardians of a common interest” and would not make “improper sacrifices…of local considerations, to the aggrandizement of the federal government”.
Madison continues, “the motives on the part of the States governments, to augment their prerogatives…will be overruled by no reciprocal predispositions in the members [of Congress].” In other words, the States will not want to intrude into federal authority because the Federal government will not intrude in State territory. In this “constitutional ideal”, Madison sees everyone respecting the authority of the other.
Madison then shifts his discussion to the hypothetical “what if”. He says, “[w]ere it admitted, however, that the Federal government may feel an equal disposition with the State governments to extend its power beyond the due limits, the [States] would still have the advantage in the means of defeating such encroachments” (emphasis added). Such means of defeating the federal government’s encroachments included actions like, “opposition”, “refusal to cooperate”, “frowns of the [State] executive”, “obstructions”, “signals of general alarm”, and “plans of resistance”.
Keep in mind, Madison’s description of “resistance” was made in context of a healthy, working union where the constitution remained and the amiable bonds of union were intact. The result of such conflicts within Federalism would ultimately be resolved through diplomacy where the people’s weight determined the outcome.
Madison furthers his “what if” hypothetical by describing a federal government that pursued “ambitious encroachments”. Madison predicts such usurpations would result in the same response “as was produced by the dread of a foreign, yoke”—namely, independence from the usurping government. However, Madison cannot fathom such an event taking place; he says, “[b]ut what degree of madness could ever drive the federal government to such an extremity.” Madison feels such actions would be advanced by madmen, not fellow patriots.
Still, Madison answers his own question (for the sake of appeasing his audience) when he describes the (implausible) circumstances ripe for this tyranny. Madison says, the “only refuge left for those who prophesy the downfall of the State governments is the visionary supposition that the federal government may previously accumulate a military force for the projects of ambition…[I]t [is not] necessary now to disprove the reality of this danger” (emphasis added).
Madison finds it unimaginable that the federal government could and would accumulate a military force capable and for the purpose of subduing the people and States. Madison bases his conclusion on these presumptions:
“(1) the people and the States [will not] elect…men ready to betray both; (2) [there will be no] traitors…[to] uniformly and systematically pursue some fixed plan for the extension of the military establishment; (3) the governments and the people of the States [will not] silently and patiently behold the gathering storm, and continue to supply the materials, until it should be prepared to burst on their own heads…(4) [and further] the State governments, with the people on their side, would be able to repel the danger [through militias]” (emphasis and numbers added).
So here we are in 2011. Our world is not James Madison’s world. Are Madison’s presumptions correct today? Is the U.S. military incapable of subduing the States? Do the people elect only patriots, and not traitors? Do the States have the capability of successfully protecting themselves against opposing military? Are the people capable of forecasting a gathering storm?
Reasonable persons would conclude, the U.S. military is more than capable of subduing the States; the people do elect traitors to office; and the States have no adequate means of defending themselves against opposing military force—from whatever source. (If someone has evidence to the contrary, let us see it.)
Now that the National Defense Authorization Act is law (see my previous articles on NDAA, here and here), Madison’s “gathering storm” scenario is more real than ever. So, how are the States to protect themselves from enemies domestic and foreign (as they have a constitutional duty to do—see, Art. 1, Sec. 3)? Is this an inappropriate question? If so, let us see the reason.
It is a proven maxim that States have the duty and right to protect and sustain themselves. It is also a maxim that every government owes to its citizens protection (e.g. 49-1-201, Mont. Code Ann., “Every person while within the jurisdiction of this state is entitled to its protection”; Art. 1, Sec. 10, USC). In spite of the Second Amendment’s prescription that the States maintain a well-regulated militia to secure a “Free State” and the State constitutions and laws requiring State militias to protect the State’s homeland, there is not one State that is capable of protecting the citizens from domestic or foreign invasion.
Will the “gathering storm” result in an actual storm? God knows, and time will tell; but unless the people have the discretion and discernment to “behold the gathering storm”, it is unlikely the people will do anything about it until the storm of hail is smashing people’s heads in.
Tim Baldwin is a published author, public speaker, and a candidate for Montana’s State House of Representatives (website here). Baldwin is the author of Freedom For A Change, Romans 13-The True Meaning of Submission, and Political Discussions for People of States–all of which are available for purchase through Liberty Defense League and Romans13Truth.











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“James Madison in Federalist #46 – told us how states would resist federal encroachments – actions like, “opposition”, “refusal to cooperate”, “frowns of the [State] executive”, “obstructions”, “signals of general alarm”, and “plans of resistance”.”
Too bad he was wrong. He never forsaw the states becomimg addicted to Federal handouts and rolling over when the Feds threaten to cut off the money.
Federalist 46 has a lot in it. Worth the read.
Already happened in 1861
@TenthAmendment To make the 10th work as intended, we need to repeal the 17th.
In his book, which was written before the Civil War but published several years after it ended, Abel Upshur made a prediction too:
“So far as (the federal) government is concerned, I venture to predict that it will become absolute and irresponsible, precisely in proportion as the rights of the States shall cease to be respected, and their authority to interpose for the correction of federal abuses shall be denied and overthrown. It should be the object of every patriot in the United States to encourage a high respect for the State governments. The people should be taught to regard them as their greatest interest, and as the first objects of their duty and affection. Maintained in their just rights and powers, they form the true balance-wheel, the only effectual check on federal encroachments.”
“The danger is, not that the States will interpose too often, but that they will rather submit to federal usurpations, than incur the risk of embarrassing that government, by any attempts to check and control it.”
Abel Upshur, “The Federal Government: It’s True Nature and Character,” (New York, Van Evire, Horton & Co., 1868).
Obama is a lot like Lincoln, as far as I’m concerned,
From the time Lincoln entered politics as a candidate for state legislature in 1832, he championed a political agenda known as the “American System.” First advocated by his idol and mentor, Henry Clay, it was a three-part program of protective tariffs, internal improvements, and centralized banking. This program “tied economic development to strong centralized national authority,” as Robert Johannsen puts it in Lincoln, the South, And Slavery. Lincoln believed that import tariffs were necessary, at the expense of consumers. He believed that American industries needed to be shielded from foreign competition and cheap imported goods. The “internal improvements” he advocated were simply subsidies for industry, i.e., corporate welfare. Abraham Lincoln was the first president to give us centralized banking, with paper money not backed by gold.
The Constitution of the Confederate States of America forbid protectionist tariffs, outlawed government subsidies to private businesses, and made congressional appropriations subject to approval by a two-thirds majority vote. It enjoined Congress from initiating constitutional amendments, leaving that power to the constituent states; and limited its president to a single six-year term. When the South lost, instead of a Jeffersonian republic of free trade and limited constitutional government, the stage was set for the United States to become an American Empire ruled by a central authority. In starting his war against the Confederate States, Lincoln was not seeking the “preservation of the Union” in its traditional sense. He sought the preservation of the Northern economy by means of transforming the federal government into a centralized welfare-warfare-police state.
The failure of the South to win the War for Southern Independence was a blow to liberty. The Confederate lyrics to the song “Battle Cry of Freedom” read:
Down with the eagle
And up with the cross!
We’ll rally ‘round the bonny flag
We’ll rally once again
Shout, shout the battle cry of freedom
Beware the govt that promises you everything for it will gain the power to take everything away….a proud descendent of George Mason, who warned of this 235+ years ago
Didn’t Obama say he was going to be like Lincoln? Attacking the states as Lincoln did? Causing the states to be on the defensive? Unfortunately, John S. is right. The lure of getting Federal funds is too tempting.
AMEN to David Price, also ‘He-Lincoln’ suspended Habias Corpisd the military arrest thousands in New York City who marched , protesting the Invasion of Southern States………..
George Mason is one of many grossly ‘overlooked’ Founding Fathers who has wisdom to warn of Federal Takeover, just as English monarch had done for centuries……….
As a direct decedent of a Virginian Patriots that fought in not only the Revolutionary War but also the War of Northern Aggression. I believe it is time for the states to declare independence once again. Hopefully we don’t have to wage a bloody war to do it but if that’s what it takes then so be it. Of course I’m going to have to move out of PA because no one in this legislature will ever vote for Independence.
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Look for strong state legislatures!!
Look for strong state legislatures!!
Look for strong state legislatures!!
Look for strong state legislatures!!
Look for strong state legislatures!!
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We have become a Godless nation. When this was penned by this founding father of our government, these were righteous men who stood for something. Today we have bread generations upon generations of Americans who stand for themselves, and don’t care to look out for the other guy. We put into power liers and thieves, and when they are caught, we no longer demand justice be served. We as a nation make up excuses for these so called leaders, and complain to one another, but remain silent to to the law keepers. I say silence is not golden, its, YELLOW. Dare I say it cowardness. I assure you, you can fight city hall, and must if you want to save our republic, and keep our constitution in tack, and not frame it as an artifact. We need to wake up and stand firm. Less than 2% beat the British, and there are a lot more of us, then there are of them. We just need to stand together. I love my country, but do realize, ”my people parish for a lack of knowledge” We have to hold their feet to the fire, and keep them there.
By the way are you aware on 3/12/12 articles of impeachment we brought before the house, by Rep. Walter B. Jones, R-NC. Its Resolution #107, in violation of Article 1, Section 8, Clause 11. This was in response to Sec. of Defense Leon Panetta, testifying befor the Armed Services Committee, that all they would need to invade, or bomb Syria is an “authorization from the United Nations or NATO”. Sen. Jeff Sessions, R-AL was as he put it “well I’m almost breathless about that.” Please look into this no one is talking about this.