
Why stand up and be counted for your constituents when you can let nameless bureaucrats do things for you? That is what Madison and other founders feared would happen.
And their fears came true.
Madison cannot be faulted for failing to anticipate the evolution of the U.S. national separation-of-power system a century or more in the future. Yet we can ask how well Madison’s theory has held up for the modern U.S. national government. This seems especially important in light of concerns about the growth of the administrative state, with presidential power, and with judicial usurpation of legislative power. We can press Madison’s argument in The Federalist both as to whether legislative interests are sufficiently “opposite and rival” to those of the other branches to fight against power encroachments, and also wonder about the consequences of congressional organization for its ability to defend its prerogatives.
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