FEDERALIST 39, Explained [AP Gov Required Documents]

Summary: Federalist No. 39

In Federalist No. 39, James Madison argues that the proposed Constitution balances power between the national government and the states. Responding to Anti-Federalist concerns that it would create an excessively powerful national government, Madison explains that the Constitution combines both national and federal features.

Republican Government

Madison argues that the Constitution establishes a republic. A republic derives its authority directly or indirectly from the people and is governed by representatives who serve for limited terms or during good behavior. The people retain sovereignty, while elected officials make policy on their behalf. This is representative government, rather than rule by a small elite or direct democracy.

How the Constitution Balances National and State Power

Madison points to several features of the Constitution:

• Congress represents both the people and the states.

  • The House of Representatives is elected directly by the people, with representation based on population—a national feature.
  • Under the original Constitution, state legislatures chose senators, and each state had two senators—a federal feature. The 17th Amendment later established the direct election of senators.

• Ratification gives states a role.

  • Article VII required nine of the thirteen states to ratify the Constitution for it to take effect, emphasizing the states’ role in establishing the new government.

• The government operates nationally, but its powers are limited.

  • The national government makes laws that apply across the country, giving it a national character in its operation.
  • Its authority is limited to powers specified in the Constitution. Powers not assigned to the national government remain with the states, giving the system a federal character in the scope of national authority.

Madison’s conclusion is that the Constitution is neither purely national nor purely federal. It is a combination: federal in some respects and national in others.

Main Lessons

• The Constitution divides power between the national and state governments. This division is federalism.
• Limiting the national government to its enumerated powers leaves other authority to the states and helps prevent power from becoming concentrated and tyrannical.
• Dividing authority across levels of government creates multiple avenues for citizens and organized groups to influence public policy at the national, state, and local levels.
• This structure makes government more accountable to the people.

Speakers and Sources

• Heimler — Video narrator and explainer.
• James Madison — Author of Federalist No. 39, quoted and paraphrased in the video.
• The Federalist No. 39 — The primary source discussed.