Saturday, October 22, 2011

Federalist Paper #44

     James Madison continues his examination of the powers granted to the National Government with a discussion of the Constitution's restriction of state authority over the Federal Government. The individual states are not allowed to form treaties, alliances, or confederations. This provision was also in the Ariticles of Confederation.
     The states would no longer have the right to coin money. This would eliminate the great variety of possible designs and weights of coins, as well as the many expensive mints necessary for individual states. States are also denied the ability to substitute paper money for coin. This would create too many different currencies and values obstructing interstate commerce, arousing hostilities, and possibly dragging foreign countries into a conflict caused by a single state.
     A constitutional safeguard was added to protect personal security and private rights by prohibiting Bills of Attainder and ex post facto laws. Also, a ban on titles of nobility was copied from the Articles of Confederation. And the states are not allowed to lay imposts or duties on imports or exports, except where necessary for executing its inspection laws.
     The last group of powers given to the Federal Government simply allows it to make all the other powers effective. Without this power the whole Constitution would be worthless. It also binds the judges in every state to anything in the Constitution. Without this we would have "a monster, in which the head was under the direction of the members." Finally, all state and Federal officials are to be bound by oath or affirmation to support the Constitution, however, a similar oath is not required of the Federal officials with respect to the state constitutions because the Federal Government has no part in enforcing the state constitutions, but the state governments will play an essential role in enforcing the Federal Constitution.

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