• William J. WatkinsJr.


The contours of the federal system, with its division of legislative sovereignty, are hardly visible as one surveys the modern governmental landscape. If Madison and Jefferson could return today, they would most likely conclude that we had abandoned the Principles of ‘98 for the British form of government. A look at the U.S. Code or a federal appropriations bill would convince them that Congress, like the British Parliament, has the authority to legislate on all subjects.


National Government Hate Crime Equal Protection Indian Tribe Foreign Nation 
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    James Madison, Notes of the Debates in the Federal Convention of 1787 (New York: W.W. Norton & Company, 1987) pp. 190–1. See also, Madison, supra, p. 164 (James Wilson of Pennsylvania observing that “[t]he State Legislatures … by this participation in the Genl. Govt, would have an opportunity of defending their rights”).Google Scholar
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© The Independent Institute 2004

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  • William J. WatkinsJr.

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