Delimiting the Scope of National Authority

Abstract

Madison proposed sweeping national legislative power where individual states were incompetent or their legislation would disturb national harmony. Slave states dreaded the possibility of national interference in the institution of slavery and demanded that federal powers be enumerated and defined. This was accepted. Constitutional flexibility would be assured by means of formal amendment and by a doctrine of implied powers as confirmed by a necessary and proper clause at the end of the list of powers. Additionally, in order to prevent state invasion of federal prerogative, all state legislation would be subject to a national legislative veto. For Madison, this was the heart of the Federalist Revolution. Despite his efforts, the provision was eliminated as curbing state sovereignty. Judicial review replaced the federal veto.