Earlier threads:
FReeper Book Club: The Debate over the Constitution
5 Oct 1787, Centinel #1
6 Oct 1787, James Wilsons Speech at the State House
8 Oct 1787, Federal Farmer #1
9 Oct 1787, Federal Farmer #2
18 Oct 1787, Brutus #1
22 Oct 1787, John DeWitt #1
27 Oct 1787, John DeWitt #2
27 Oct 1787, Federalist #1
31 Oct 1787, Federalist #2
3 Nov 1787, Federalist #3
5 Nov 1787, John DeWitt #3
7 Nov 1787, Federalist #4
10 Nov 1787, Federalist #5
14 Nov 1787, Federalist #6
15 Nov 1787, Federalist #7
20 Nov 1787, Federalist #8
21 Nov 1787, Federalist #9
23 Nov 1787, Federalist #10
24 Nov 1787, Federalist #11
27 Nov 1787, Federalist #12
27 Nov 1787, Cato #5
28 Nov 1787, Federalist #13
29 Nov 1787, Brutus #4
30 Nov 1787, Federalist #14
1 Dec 1787, Federalist #15
4 Dec 1787, Federalist #16
5 Dec 1787, Federalist #17
7 Dec 1787, Federalist #18
8 Dec 1787, Federalist #19
11 Dec 1787, Federalist #20
12 Dec 1787, Federalist #21
14 Dec 1787, Federalist #22
18 Dec 1787, Federalist #23
18 Dec 1787, Address of the Pennsylvania Minority
19 Dec 1787, Federalist #24
21 Dec 1787, Federalist #25
22 Dec 1787, Federalist #26
25 Dec 1787, Federalist #27
26 Dec 1787, Federalist #28
27 Dec 1787, Brutus #6
28 Dec 1787, Federalist #30
1 Jan 1788, Federalist #31
3 Jan 1788, Federalist #32
3 Jan 1788, Federalist #33
3 Jan 1788, Cato #7
4 Jan 1788, Federalist #34
5 Jan 1788, Federalist #35
8 Jan 1788, Federalist #36
10 Jan 1788, Federalist #29
11 Jan 1788, Federalist #37
15 Jan 1788, Federalist #38
16 Jan 1788, Federalist #39
18 Jan 1788, Federalist #40
19 Jan 1788, Federalist #41
22 Jan 1788, Federalist #42
23 Jan 1788, Federalist #43
24 Jan 1788, Brutus #10
25 Jan 1788, Federalist #44
26 Jan 1788, Federalist #45
29 Jan 1788, Federalist #46
31 Jan 1788, Brutus #11
1 Feb 1788, Federalist #47
Madison was all over the map, unable to make up his mind if he were a federalist or a republican, but was 100% in the federalist camp when this was written and, I believe, being more than a little disingenuous.
Prescient. "A mere demarcation on parchment" is not enough. The constitution, in and of itself, does not protect us. We, the voters, must be educated and vigilant. Thank you for this work which is forcing me to be clear about my own thoughts.
I think he did see that the competition between the branches would be so stiff. His solution was negative checks on power. That is, unless all three branches agreed, a bill could not pass a veto or a law could not be declared constitutional. All three had to agree. They could negate the other two but not do anything on their own. Negative checks.
There are two obvious failures. First, with the Judiciary "legislating from the bench", for example extending marriage to gay couples, something neither the Legislature nor the Executive agreed to. Second, the Executive creating laws through the regulatory process with the acquiescence of the court, for example declaring CO2 a pollutant, without congressional approval.
What I think Madison did NOT see was that congress would willingly give up its power to the executive by creating the regulatory process. Both Republicans and Democrats have decided to do this because, I believe, they want to pass laws without really knowing what they are passing. That is they can go home and claim "I voted for the Clean Air Act! and not be held responsible for the result of their vote. The Democrats have decided to do this because they know that they cannot know the unintended consequences of their excessive Socialist laws and need an singular executive to change the laws as consequences are about to occur.