What is the proper relation between the states and the federal government?

OCR: 1 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (1783-02-10): James Madison's notes show that Virginia suspected Congress's resolutions had been abused by Congress's officers, and that the proper relation between the states and the federal government should involve the federal government acting within its authority and respecting state sovereignty. This is based on the concern that Congress may have overstepped its power by exporting tobacco without the state's license. "the Rept. did not touch the point that, the additional quantity had been exported without application to the State, altho' the first quantity was licenced by the State with great reluctance, in consequence of the request of Congs, and of assurances agst. a repetition, and that the Superintendt & Secy, of Congs, ought at any rate to have made application to the Executive before they proceeded to further exportations." [1]
• BELIEF (undated): James Madison believed that the powers of the federal government are necessary and that the Union is essential for the security and happiness of the people, and that it is preposterous to object to a government that can achieve these purposes on the grounds that it may diminish the importance of state governments. "is it not preposterous, to urge as an objection to a government, without which the objects of the Union cannot be attained, that such a government may derogate from the importance of the governments of the individual States?" [2]
• BELIEF (undated): James Madison believed that the federal government's powers are few and defined, while the state governments retain numerous and indefinite powers. He argued that the federal government's influence would be limited compared to the states' because its powers are exercised mainly on external matters, and the states' powers are more numerous and internal. (key quote above) [3]
• BELIEF (1788-01-29): James Madison believed that the state governments would have an advantage over the federal government in preventing encroachments on their prerogatives. He argued that if a state's act was popular among its citizens, it would be executed effectively by local means, and any federal opposition would likely inflame public sentiment in favor of the state. "The latter would still have the advantage in the means of defeating such encroachments... without the employment of means which must always be resorted to with reluctance and difficulty." [4]
• BELIEF (1788-01-29): James Madison believed that the state governments would have a stronger influence and support from the people than the federal government. He argued that if the federal government took unpopular measures, the states would have powerful means to oppose them, and that any ambitious encroachments by the federal government would provoke a unified response from the states. "The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised." [5]
• BELIEF (1788-02-12): James Madison argues that the federal legislature should take into account the comparative wealth of the states when apportioning representation, because states lack the influence over each other that wealthy individuals have in local elections. He believes that the rights of property and personal rights should be represented together, and that the federal government should reflect the relative economic strength of the states. "For another reason, the votes allowed in the federal legislature to the people of each State, ought to bear some proportion to the comparative wealth of the States." [6]
• BELIEF (1788-02-12): James Madison believed that the number of people in each State should be the standard for regulating the proportion of representatives from each State. He argued that this principle, though imperfect for measuring wealth in the case of taxation, was the least objectionable and most widely accepted method for apportioning representatives. "It is not contended that the number of people in each State ought not to be the standard for regulating the proportion of those who are to represent the people of each State." [7]
• BELIEF (undated): James Madison believed that state legislatures have a right to communicate with other states and express opinions on federal measures, and that such communication is as allowable among state governments as among other public bodies or private citizens. He also argued that the states have a role in originating constitutional amendments and entering into agreements, and that a free communication among the states is consistent with the Constitution. "What is allowable for one must be allowable for all; and a free communication among the States, where the Constitution imposes no restraint, is as allowable among the State governments as among other public bodies or private citizens." [8]
• BELIEF (1828-09-18): James Madison believed that the authority to regulate foreign commerce, including the encouragement of domestic manufactures through tariffs, was transferred from the individual states to the federal government by the Constitution. He argued that this power was generally understood to be a legitimate exercise of the federal government's authority over foreign commerce and that it was anticipated to be exercised more effectively at the federal level. "It is equally a fact that it was generally understood among the States previous to the establishment of the present Constitution of the United States, that the encouragement of domestic manufactures by regulations of foreign commerce, particularly by duties and restrictions on foreign manufactures, was a legitimate and ordinary exercise of the power over foreign commerce; and that, in transferring this power to the Legislature of the United States, it was anticipated that it would be exercised more effectually than it could be by the States individually." [9]
• BELIEF (1830-08-28): James Madison believed that the federal government must have supremacy in the exposition and execution of laws to maintain balance with state governments. He argued that without this, states could pass unauthorized laws and enforce them, which would destroy the constitutional relationship between the two governments. (key quote above) [10]

What cuts against it

• BELIEF (1831-12): James Madison believed that the states should not be entirely under the control of the federal government, and that Congress should not have the power to repeal state laws. "They import 'that I was disposed to give Congress a power to repeal State laws,' and 'that the States ought to be placed under the controul of the Genl Gt at least as much as they were formerly when under the British King & Parliament.'" [11]

2. HOW IT APPLIES (reasoning; inference is marked)

1. Madison believed that sovereignty is divisible and divided between the federal and state governments according to the Constitution [12].

2. He argued that the federal government has a practical supremacy in the execution and exposition of its laws, but that the states retain significant powers [13].

3. Madison emphasized that the federal government's powers are few and defined, while the state governments retain numerous and indefinite powers [3].

4. He believed that the state governments would have an advantage in preventing federal encroachments due to their closer connection with the people [4].

5. Madison also argued that the federal government must have supremacy in the exposition and execution of laws to maintain balance with state governments [10].

3. HIS TAKE

Record coverage: PARTIAL

The record is silent on the exact mechanisms for resolving conflicts between state and federal laws in modern contexts, but Madison's principles suggest a federal government with defined powers and supremacy in its domain, while states retain significant autonomy.

Extrapolation: Madison would likely support a federal system where the federal government has clear, limited powers and where states retain significant autonomy, with the Supreme Court as the final arbiter of constitutional disputes.

Competing readings: One reading is that Madison supported a strong federal government with supremacy in its domain, while another reading is that he emphasized state sovereignty and the need for checks against federal overreach. The record itself supports both readings, with Madison emphasizing the balance between federal and state powers.

Confidence: Moderate, as the record provides clear principles but does not address modern contexts directly.