EDITOR’S NOTE: The following is the third in a series of articles giving an introduction to the Federalist Papers, a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the United States Constitution. In Federalist #2, John Jay makes the case that America should remain a single…Details
Federalist No. 42 is an essay by James Madison, and the forty-second of The Federalist Papers. It was published on January 22, 1788 under the pseudonym Publius, the name under which all The Federalist Papers were published. Federalist No. 42 continues a theme that was started in Federalist No. 41. Here, Madison contends that the grant…Details
While James Madison wrote the most specific and complete set of instructions on how to stop the federal government without going to the federal government, he was far from the only founder to talk about states as a check on federal power. A little-known Founder from Massachusetts made the case, just like James Madison did,…Details
A common complaint among detractors of nullification is that, as they see it, “James Madison was the author of the Constitution and since he didn’t include nullification in the document, it can’t be done.”Details
The common understanding of the famous Marbury v. Madison case is that it established the authority of the Supreme Court to determine what the Constitution says. From there, it’s held that the Court gets to determine the limitations placed on the federal government as well as the states. In short, the rest of the federal government, and the states, are bound by what the Supreme Court decides.Details
One of the key arguments made by constitutional nationalists is that the Constitution provides that “We the People of the United States . . . do ordain and establish this Constitution.” The idea is that a single people throughout the country as a whole established the Constitution and therefore sovereignty resides at the national level in that people.Details
When opponents of nullification fail to associate it with slavery and segregation, they turn to taking quotes of its proponents out of context, such as claiming Madison later opposed it in his famous Notes on Nullification.