FRANCO FANTONI
Il virginiano Madison e il «Federalist»
N. 159
Summary — It is by now a historiographic tradition to point out James Madison’s contribution to the Federalist above all, not to say only, as regards essay n. 10, or, at the most, for the writings regarding the Montesquievian theory "separation of powers ".
In this essay, instead, the perspective from which James Madison’s contribution to the Federalist is appraised is different. The a. wanted to stress how the historical genesis of the work be peculiar in respect to that of other classics of the political thought; the Federalist in fact is defined " militant work " since its genesis is that of the political struggle arisen in the New York State in 1787-88 about the question of the constitutional ratification.
In the essay then, the contribution given by James Madison to the work is valued on the whole, stressing the numerous points of interest in the twenty-nine works that the Virginian composed for the Federalist.
In particular it is underlined by the a. how in the essay n. 39 emerges what the latter has defined the "distinctive characteristic" of the Federal State. This latter together with the other two characteristics of the federal institute, which emerge according to the a. from a comprehensive valutation of the entire Federalist, constitutes the summary of the theoretical references in which the definition of Federal State must move.
The explanation at the political juridical level of the difference between Federal State and Confederation effected by James Madison constitutes one of the major contributions, perhaps the greater beside the theory of the "implied powers" outlined in the essay n. 44, which this latter has given to the work of the Federalist.