The Online Library of Liberty

A project of Liberty Fund, Inc.

• Acknowledgements
• Note to the Reader
• Introduction
• 1: Publius—a Split Personality?
• 2: Majority Rule and the Extended Republic Theory of James Madison
• 3: Separation of Powers and the Madisonian Model: a Reply to the Critics
• 4: James Madison and the Principle of Federalism
• 5: The Supreme Court, Judicial Review, and Federalist 78
• 6: Due Process, Liberty, and the Fifth Amendment: Original Intent
• 7: Abortion and the American Political Process

George W. Carey teaches American government and American political theory at Georgetown University, where he is Professor of Government. His works include The Federalist: Design for a Constitutional Republic (1989) and The Basic Symbols of the American Political Tradition (1970, with the late Willmoore Kendall), both of which explore in depth the fundamental values and underlying principles of the American political order. Professor Carey is also the coeditor of two books: A Second Federalist: Congress Creates a Government (1967, with Charles S. Hyneman), and the first student edition of The Federalist (1990, with James McClellan). He has served on the Council of the National Endowment for the Humanities (1982–88), and since 1970 he has edited The Political Science Reviewer, an annual journal devoted to article-length reviews of leading works in political science and related disciplines.

Acknowledgements

I would like to express my appreciation to the following individuals and organizations for making this work possible. James B. Williams, Michael Jackson, Roland Gunn, and Pamela Sullivan, over the years, have read and critically commented on one or more of the selections that follow. Needless to say, I have benefitted from their criticisms. David A. Bovenizer is due special thanks for lending his deft editorial hand to the completion of this book.

The substance of the chapters that follow first appeared in article form in various journals, although I have significantly revised some of them. I would like to thank Donald P. Kommers, editor, Review of Politics, for permission to incorporate “Publius—A Split Personality?” (January 1984); George Panichas, editor, Modern Age, for “Majority Rule and the Extended Republic Theory of James Madison” (Winter 1976) and “The Supreme Court, Judicial Review, and Federalist Seventy-Eight” (Fall 1974); the American Political Science Association for “Separation of Powers and the Madisonian Model: A Reply to the Critics” (American Political Science Review, March 1978); James McClellan, editor, Benchmark, for “James Madison and the Principle of Federalism” (January–April 1987) and “Liberty and the Fifth Amendment: Original Intent” (Fall 1990); and James P. McFadden, editor, Human Life Review, for “Abortion and the American Political Crisis” (Winter 1977).

The generosity of the Earhart Foundation, Ann Arbor, Michigan, and the Institute for Educational Affairs, Washington, D.C., provided me with the opportunity to complete major sections of this work. I am deeply grateful.

Finally, I owe a special debt to James McClellan. In his capacities both as Director of the Center for Judicial Studies and now as Publications Director for Liberty Fund, he has been a source of inspiration and encouragement.

January 1995

George W. Carey

• Georgetown University