6.5 - Federalist No. 39

Starry

Federalist No. 39, written by James Madison, explains why the Constitution creates a republican form of government and argues that the Constitution is both federal and national in its structure. Madison’s main goal is to show that the Constitution is consistent with a republican government and does not create a purely national government.

Federal vs. National Government

Madison distinguishes between two types of government:

 Federal

  • Power comes from the states.
  • States retain important authority.
  • Example: The Senate originally represented states equally.

National

  • Power comes directly from the people.
  • The national government acts on individuals rather than only through states.
  • Example: The House of Representatives is based on population.

The Constitution combines both federal and national characteristics. The Federal characteristics are:

  • The Senate gives equal representation to each state
  • States retain powers of their own.
  • Constitutional amendments require approval from the states.

National characteristics are:

  • The House of represents people based on population
  • The Federal Government can make laws that directly affect citizens
  • The president is elected through a process involving people and states.

The main point is that the Constitution creates a mixed system with federal and national aspects to create a balanced republican government.

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