Publius’s Protectors of Liberty: A Still Important Role for States

Abstract

Some of the Founders’ debates are familiar today, while others have passed out of public consciousness. The debate over states’ role in our federal system is both. We learn that the Constitution divides power between the states and the central government to protect liberty. But what does this mean? How do states protect liberty? What does it mean for states to “check” the federal government? The answers to these questions are surprisingly unfamiliar. Indeed, the specific ways that The Federalist Papers expected states to protect liberty have, to a large extent, passed from public consciousness.

This Note brings Publius’s view back to light. Under his view, states would exercise lawful power over the selection of federal officers, thereby influencing federal policy. Also, as watchdogs, states would sound the alarm whenever the federal government overstepped its bounds. Because Publius states would play a more important role in the people’s lives than the central government, Publius predicted that the people would trust the states. Thus, when state governments complained of federal encroachment, Publius thought the people would quickly respond, voting out the culpable federal officers. With control over federal officials and sway over the people, states could protect the people's liberty from federal encroachment.

Keywords: Federalism, States' Rights, Originalism, The Federalist Papers