Author:  James Madison

The Republican Form of Government Defined

In Federalist 39, James Madison describes the general character of the federal government.  In it, Madison first distinguishes ”National” from “Federal.”    The Constitution is both National and Federal.  The idea of Federalism is that the individual States are sovereign and independent of all others as to matters internal to the State, and are co-equal with other States; no State is more powerful than another.  The idea of Nationalism is that a majority of the nation as a whole (irrespective of which State one is a citizen of) controls much (but not all) of government.

Foundation.  The assent to the Constitution required the unanimous assent of the States, and therefore is Federal.

Sources.  In the sources from which the powers of the government are drawn, the Constitution is partly federal and partly national.

Operation.  In the operation of these powers, the Constitution is national, not federal.

Extent.  In the extent of the powers, it is federal, not national.  Most importantly:

“[T]he proposed government cannot be deemed a national one because its jurisdiction extends to certain enumerated objects only, and leaves to the several States a residuary and inviolable sovereignty over all other objects.”     

Amendments to the Constitution.  In amending the Constitution, it is neither purely federal nor purely national.

In conclusion, our Constitution has components of both a national and a federal framework.  In its foundation, it is federal, not national.  In the sources from which the ordinary powers of government are drawn, it is partly federal and partly national.  In the operation of these powers, it is national, not federal.  In the extent of these powers, it is federal, not national.