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  • February 2016 (Revised April 2017)
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James Madison, the 'Federal Negative,' and the Making of the U.S. Constitution

By: David Moss and Marc Campasano
  • Format:Print
  • | Language:English
  • | Pages:26
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Abstract

On June 8th, 1787, at the Constitutional Convention in Philadelphia, delegates from across the United States began discussing a curious proposal to expand federal power over the states. James Madison of Virginia had suggested that the new constitution include a "federal negative," which would give Congress the authority to veto any law passed by a state legislature. He viewed this as a critical safeguard against unchecked power at the state level. In late May, Madison's Virginia delegation had presented a plan for the constitution that included a watered-down version of the negative. Now, in June, Charles Pinckney of South Carolina revived the original version, calling it "the corner stone of an efficient national Government." Not everyone agreed with Pinckney's assessment, however. Opponents charged that Madison's federal negative would allow Congress to "enslave the states" and let "large States crush the small ones." Indeed, the question of how much power—and what types of power—to vest in the federal government went to the very heart of the debate that unfolded that summer. Whether Madison could persuade his fellow delegates at the Constitutional Convention was far from clear, but there could be little doubt how much was at stake as the new nation struggled to find its footing in Philadelphia.

Keywords

Governance; Law; Government and Politics; Power and Influence; History; South Carolina; Philadelphia; United States

Citation

Moss, David, and Marc Campasano. "James Madison, the 'Federal Negative,' and the Making of the U.S. Constitution." Harvard Business School Case 716-053, February 2016. (Revised April 2017.)
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About The Author

David A. Moss

Business, Government and the International Economy
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Related Work

    • February 2016 (Revised April 2017)
    • Faculty Research

    James Madison, the 'Federal Negative,' and the Making of the U.S. Constitution

    By: David Moss and Marc Campasano
Related Work
  • James Madison, the 'Federal Negative,' and the Making of the U.S. Constitution By: David Moss and Marc Campasano
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