Quotes on Federalism

In this relation, then, the proposed government cannot be deemed a national one; since its jurisdiction extends to certain enumerated objects only, and leaves to the several states, a residuary and inviolable sovereignty over all other objects.

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.

Nothing can be more evident, than that an exclusive power of regulating elections for the National Government, in the hands of the State Legislatures, would leave the existence of the Union entirely at their mercy . . . . It is to little purpose to say that a neglect or omission of this kind [not letting the feds have elections], would be unlikely to take place. The constitutional possibility of the thing, without an equivalent for the risk, is an unanswerable objection.

There is one transcendant advantage belonging to the province of the State governments . . . -I mean the ordinary administration of criminal and civil justice.

That useful alterations will be suggested by experience, could not but be foreseen . . . . It moreover equally enables the general and state governments to originate the amendment of errors as they may be pointed out by the experience on one side or on the other.

The state governments have a full superintendence and control over the immense mass of local interests of their respective states, which connect themselves with the feelings, the affections, the municipal institutions, and the internal arrangements of the whole population. They possess, too, the immediate administration of justice in all cases, civil and criminal, which concern the property, personal rights, and peaceful pursuits of their own citizens.

Federalism is the best curb on democracy. [It] assigns limited powers to the central government. Thereby all power is limited. It excludes absolute power of the majority.

In the first place, it is to be remembered, that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any.

The Convention probably foresaw what it has been a principal aim of these papers to inculcate that the danger which most threatens our political welfare is, that the state governments will finally sap the foundations of the Union.

The power of the people pervading the proposed system, together with the strong confederation of the states, will form an adequate security against every danger that has been apprehended.

The appointment of senators by the state legislatures . . . is recommended by the double advantage of favoring a select appointment, and of giving to the state governments such an agency in the formation of the federal government, as must secure the authority of the former.

I confess I am at a loss to discover what temptation the persons entrusted with the administration of the general government could ever feel to divest the States of the authorities of that description. The regulation of the mere domestic police of a State appears to me to hold out slender allurements to ambition.

I am unable to conceive that the state legislatures which must feel so many motives to watch, and which possess so many means of counteracting the federal legislature, would fail either to detect or to defeat a conspiracy of the latter against the liberties of their common constituencies.

The public affairs of the union are spread throughout a very extensive region, and are extremely diversified by the local affairs connected with them, and can with difficulty be learnt in any other place, than in the central councils, to which a knowledge of them will be brought by the representatives of every part of the empire. Yet some knowledge of the affairs, and even of the laws of all the states, ought to be possessed by the members from each of the states.

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.

To attach full confidence to an institution of this nature, it appears to be an essential ingredient in its structure, that it shall be under private and not a public direction-under the guidance of individual interest, not of public policy; which, would be . . . liable to being too much influenced by public necessity.

The local interest of a State ought in every case to give way to the interests of the Union. For when a sacrifice of one or the other is necessary, the former becomes only an apparent, partial interest, and should yield, on the principle that the smaller good ought never to oppose the greater good.

Today the universal common good poses problems of world-wide dimensions, which cannot be adequately tackled or solved except by the efforts of public authorities endowed with a wideness of powers, structure and means of the same proportions; that is... on a world-wide basis.