Federalist No. 41

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James Madison

Federalist No. 41, authored by James Madison under the pen name Publius, is the forty first of 85 essays. Titled "General View of the Powers Conferred by the Constitution", Madison goes into detail about the powers granted by the Constitution, and methods for restraining power by the federal government.

It was published on January 19, 1788.

Modern interpretation

Some have written that perhaps the Constitution goes too far in restraining government, such as Anthony M. Bertelli, a central planner from NYU. Bertelli believes that because of the intense rigidity of the separation of powers and the polarization it creates, that it prevents cooperation between the various branches of the government.[1]

However, this viewpoint ignores that government is not supposed to be doing all of these things for us if it is not in the enumerated powers. We are supposed to be doing it ourselves, or the states are to do it.


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