“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” – James Madison, Federalist 51
Between October 1787 and May 1788, Alexander Hamilton, John Jay, and James Madison wrote a series of 85 essays commonly referred to as The Federalist Papers. Published anonymously in various New York State newspapers under the pen name ‘Publius,’ the essays explained the reasoning behind why the Constitution was drafted as it was, and why it should be ratified. In essence, the Federalist Papers were a persuasive ‘sales pitch’ from three of the Framers to the states.
James Madison penned the above words in Federalist 51, one of the most significant writings of the series. In it, he describes the constitutional structure of the proposed government and why the integrity of its structure was so important. He describes the separation of powers. He argues that one branch of the federal government should have as little authority as possible over another – why one branch shouldn’t determine the members of the other branches for instance, or why one branch shouldn’t rely on another for the execution of its responsibilities.
This isn’t to say that each branch was to be totally independent of the others. If this were the case, there could be no competing interests among the branches and the result would be a non-functioning government. Today, it can be argued that this is where we are. If this is true, it’s the result of NOT following the Constitution as opposed to following it.
For example, the Senate’s advice and consent role in appointing executive branch officials is a good example of the relationship between one branch and another. The Senate doesn’t control the appointment of individuals, but the majority of senators do have to approve the appointments.
A common error is to say the three branches of our government are co-equal. But that wasn’t the view of the Framers. They clearly intended for the legislature to be the dominant branch. Their reasoning – because the legislature is the only branch whose members are directly elected by the people. Members in the House of Representatives are most accountable to the people as they are elected every two years. Plus, the House has the ability to appropriate spending for the federal government. The Senate has the responsibility to confirm political appointees, justices and agreements, and the executive branch negotiates with other countries.
So you may ask, “What does this have to do with me and what does the Convention of States Project have to do with all of this?”
It’s a fair question, and the answer lies in the second half of Federalist 51. Madison points out the just powers of the federal government are derived from its citizens. We the People delegate a portion of our authority to our state government and the states delegate a portion of that authority to the federal government. The term delegation means the authority still rests with us. We are, in effect, loaning that authority to our government. All governing authority rests with We the People.
But let’s not forget that the concept of competing interests also is present among the states. Each state is to have its own governing philosophy, based on the values and interests of its citizens. Each state is a sovereign entity, and this diversity of interest protects against a majority of states dominating a minority of states. States lean on each other for mutual benefit but they do not rely on each other for their existence.
2022 is a critically important election year. There’s much talk of a “Red Wave” with the Republican Party gaining a majority in the House and possibly the Senate. I think there’s a very high probability of that happening. But, we should be mindful that when the Republican Party has a congressional majority not much changes. There’s a tendency in human nature to let others do the heavy lifting to change the status quo. We saw this in 2016 with the election of Donald Trump. Many activists had the mindset that President Trump would just “take care of it.” We called that being ‘Trump Drunk.’ So, how’d that approach really work out?
Patriots, WE ARE “the others.” There’s no one else coming to our rescue. Whether the Democrat or Republican Party is in control of Congress after this November, it’s likely that not much will change. Therefore, ONLY meaningful and substantive change will result from what we do today, tomorrow and the next day. The forces of tyrannical government are tireless and relentless. And as a result, we must counter with a continuously renewed passion to retain and regain our freedoms.
The Convention of States process is the tool the Framers provided for such a time as this. Previous generations have punted. They’ve left things to ‘the others’ to solve. The Convention of States Project is where we, ‘the others,’ work to make a difference. Elections are important. What WE do to affect our government and direct its actions is more important now than ever.
In Liberty,
Brett
