In the Shadow of Our Founders: Part Three

Article VI places the federal government in a position superior to the states, with the Constitution and federal laws passed according to its authority superseding even those policies deeply enshrined in state constitutions. In defending the necessity of this "supremacy clause," Madison wrote that in its absence, the world "would have seen the authority of the whole society every where subordinate to the authority of the parts." In short, explained Madison, the world "would have seen a monster, in which the head was under the direction of the members."

In addition to asserting its supremacy, the Constitution carries it out by identifying several, clear prohibitions on the states. As seen in Section 10 of Article I, these include entering into treaties, alliances, or confederations of any nature with other states or foreign powers; coining money; laying duties or imposts without the consent of Congress; or keeping troops and warships. The southern states, upon announcing their separation from the Union, proceeded to violate each of these clearly enumerated prohibitions.

But what about state "sovereignty"? In Madison's view, plainly spelled out in his contributions to The Federalist Papers, the problem with the Articles of Confederation was its attempt at "impossibilities." As an example, Madison criticized the Articles for trying to "reconcile a partial sovereignty in the Union, with complete sovereignty in the States."

In the Constitution's cover letter to the federal Congress under the Articles of Confederation, George Washington wrote: "It is obviously impractical in the federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all." Acting in his capacity as president of the Constitutional Convention, Washington included in his transmittal letter an unmistakable reference to John Locke: "Individuals entering into society, must give up a share of liberty to preserve the rest."

In the face of charges that the newly instituted federal government would demolish state autonomy and prerogatives, Madison and his Federalist allies went to great lengths to assure audiences that states had not lost any fundamental "rights." There is obviously considerable debate as to the scope and depth of the rhetoric employed by the Constitution's proponents, not to mention how those suspicious of the Constitution, but ultimately persuaded by such assurances, understood such rhetoric. The important thing to remember is that the language of the Constitution itself was clear. States were given new restrictions and less authority under the

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