We the People of the United States: The Madisonian View

In my last post, I argued that “We the People of the United States” is best understood as referring to a single people consisting of separate states.  It is not a single people in a single undifferentiated nation like France, but instead is a country that consists of individual states that are united together.

This interpretation of the preamble views it as adopting an intermediate view between the nationalist view of a single people in an undifferentiated nation and the states rights view of multiple peoples in multiple states.

If the preamble adopts an intermediate view, does it fit with the remainder of the Constitution and what specifically is that view?  The intermediate view of the preamble accords with the analysis of the Constitution adopted by James Madison in Federalist 39.  In that number, Madison was responding to critics who argued that the Constitution was a national document and should have been a federal one.  Madison wrote:

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Friday Roundup, August 30th

Ted Frank, founder of the Center for Class Action Fairness, comes to Liberty Law Talk to discuss class action abuse and the need for reform of much of the current system. The Fallacies of States' Rights or the problems created by John Marshall's nationalism? Adam Tate considers both notions in this week's review essay, "The Fallacies of Marshallian Nationalism." Getting education right in America: Russ Roberts talks with Eric Hanushek of Stanford on the costs of having a mediocre education system. JP Morgan's 4 parts: investment banking, traditional banking, asset management, and private equity are worth more separately than their present combination: So…

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