Tuesday, March 11, 2008

The Federalist #51

The Federalist #51 (Madison)

The key quote that other sources seem to have referred to is: "In republican government, the legislative authority necessarily predominates." But note! Madison is not saying this as something we ought to strive toward, but as a problem! The very next sentence begins, "The remedy for this inconveniency ... ."

Given that the real aim of that statement is to set out something to fight against, I'm not sure this piece does the work I hoped it might, viz. establishes that the judiciary must be subordinated to the legislature. On the other hand, I guess Madison wouldn't disagree with that as a descriptive matter.

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