The Madisonian Republic at work

 

A recent op-ed in the New York Times shows the enduring influence of James Madison -a Democrat- in modern times. 

Madison's constitutional design sets limits not only to direct democracy (which has turned California into referendum-driven chaos for taxpaying residents and businesses) but also to big-spending, high-impact legislation such as Obamacare and now Built Back Better.

Madison's Republic combines the empowering of states (Electoral College) and SCOTUS with midterm elections -POTUS, COTUS- to check what he called "slim majorities" from overreaching and passing major legislation without bipartisan consensus.

Regardless of the merits of Obamacare and Build Back Better, they have been curtailed for lack of what Madison called a "fixed majority". In 1791, Madison explained that:

"Public opinion sets bounds to every government, and is the real sovereign in every free one.

As there are cases where the public opinion must be obeyed by the government; so there are cases, where not being fixed, it may be influenced by the government. This distinction, if kept in view, would prevent or decide many debates on the respect due from the government to the sentiments of the people." (For The National Gazette, 1791)

Biden's slim majority -likely to be reversed in the coming midterm elections like almost all the presidents since LBJ- doesn't meet Madison's requirement for major legislation -what we now call a "mandate" supported by a landslide majority such as those behind the New Deal and the Great Society structural legislation-.

Despite progressives' urge for rushing to pass BBB before they lose control of the Senate and House, the Madisonian rule is likely to prevail. If not, the fluctuating majority will block or modify its implementation.

And those are good news for the US economy and political stability. A house divided cannot stand unless it has checks and balances that force negotiation.