James Madison on Restraining Government from Oppressive Matters

The Federalist Papers were a series of articles written in defense of the Constitution and intended to facilitate its adoption by the several states. Though writing under the pseudonym Publius, we have leaned the the main authors were James Madison and Alexander Hamilton. James Madison, in Federalist 57, has an interesting theory about how the House of Representatives will be restrained from "oppressive measures."  

August Glen-James, editor


If this spirit shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate anything but liberty.

I will add . . . in the situation of the House of Representatives, restraining them from oppressive measures, that they can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society. This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together. It creates between them that communion of interests and sympathy of sentiments of which few governments have furnished examples; but without which every government degenerates into tyranny. If it be asked, what is to restrain the House of Representatives from making legal discriminations in favor of themselves and a particular class of the society? I answer: the genius of the whole system; the nature of just and constitutional laws; and, above all, the vigilant and manly spirit which actuates the people of America--a spirit which nourishes freedom, and in return is nourished by it.

If this spirit shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate anything but liberty.

--Federalist No. 57