Madison vs. Jefferson: On the Issue of Constitutional Conflict in the Federalist Papers

In the Federalist Papers, James Madison and Thomas Jefferson discuss the issue of constitutional conflict, specifically the encroachment by any one branch of the government on another. Jefferson proposes a method for resolving such a conflict between the Judicial, the Legislative, and/or the Executive branch of government. His proposal states that ``whenever any two of the three branches of government shall concur in opinion, each by the voices of two thirds of their whole …

…action by the other agencies. In conclusion, Jefferson's proposal is plainly overwhelmed and made impractical by Madison's many objections. However, a practical alternative to Jefferson's method for resolving constitutional conflicts was discovered through this discussion. The alternative is simple, do nothing formally, basically allow the check and balance mechanism the autonomy necessary to restore a homeostatic equilibrium. Works Cited Hamilton, Alexander, James Madison, and John Jay. The Federalist Papers. Ed. Clinton Rossiter. New York: Penguin, 2003.