Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Making Madisonian government 'work' is a Sisyphean task

Opinion

Sisyphus trying to move a rock

Like Sisyphus, President Biden faces an impossible task, unless the system changes.

Sheehan is professor of political science and international studies at Iona College and the author of "American Democracy in Crisis: The Case for Rethinking Madisonian Government" (Palgrave Macmillan, 2021).


Even before he took office, President Biden repeatedly expressed his commitment to proving to the world that our government works, that democracies are still vital and that they can deliver for their people.

As he said during his first joint address to Congress: "Can our democracy deliver on the most pressing needs of our people? ... America's adversaries — autocrats of the world — are betting it can't. ...They are wrong. And we have to prove them wrong. We have to prove democracy still works — and can deliver for the people."

It is a noble sentiment and a worthy goal, but to say it's a Sisyphean endeavor is an understatement.

The impossibility of the task stems not from any failing peculiar to Biden. The reason can be summarized in three words: it's the system. Or to borrow and butcher a phrase from James Carville circa 1992, "It's the system, stupid!"

The fact is, Biden can wish it, will it, even put the power of the presidency behind it — but he is no match for the constitutional system the Framers constructed and ratified 234 years ago.

The system they created was designed with one overarching purpose in mind — protectionism.

Specifically, protection of liberties. It is important to recall that liberty is not just freedom in general, it's freedom from government.

But how to design and construct this system, which protects our liberties? The Framers found their answer in a treatise written 40years before the founding: Montesquieu's "The Spirit of the Laws." In it he argues that the best way to protect liberty is to divide power and he devises the innovative notion of trias politica (or separation of powers) to achieve this task.

James Madison followed Montesquieu's admonition with abandon. He not only adopted a scheme of separated powers, but he went much further implementing by checks and balance, bicameralism, federalism and the like.

The result was a system of government that "'worked" precisely the way our Framers wanted — which is to say very little.

As James MacGregor Burns puts it, for Madison government was "a necessary evil that must be curbed, not an instrument for the realization of men's higher ideals or a nation's broader interests."

Madison did not want people to turn too quickly to the government for help, he did not see it as an instrument for realizing ideals, broad interests or resolving problems. He saw it instead as a vessel that could protect us from majorities — tyrannical majorities who, in a free state, threatened to take control of the government and tyrannize the minority.

The minority population of greatest concern to Madison and the other Framers was the moneyed interests, of which they were members. Like John Locke, they felt that the principal factor that energized dangerous majority "faction" was unequal distribution of property and wealth.

This is not surprising because this was their experience under the Articles of Confederation. This is what the Framers saw happening at the state level just after the Revolution as poor farmers began revolting in western Massachusetts and the federal government was unable to put down their insurrection. These and other similar incidents frightened the Framers enough that they gathered in Philadelphia in the hot summer of 1787, determined to replace our first Constitution with one that was better able to protect liberty.

This is precisely why Biden's quest to prove to the world that our government can "work" is such a Herculean task. Our system wasn't designed to do anything of the sort — not to deliver, not to solve problems, not to work. It was designed to protect us from majorities that might threaten our liberties.

Biden's fight is not with Xi Jinping or Vladimir Putin, any more than its with Alexander Lukashenko, Nicholas Maduro or any other autocratic leader — it is with our Founders — the men who constructed our system.

To win this battle it is going to take more than will, guts and even the power of the presidency.

It is going to take engaging Americans in a conversation about whether the Framers' stated objective still serves our needs today. If not, what should the purpose of government be?

This will allow us to get to a much-needed conversation about what types of structural reforms are best able to achieve these objectives.

On the latter point, we are in luck. There have been great thinkers, going back to Justice Joseph Story in the 1830s and continuing to this day, who have offered plenty of rich reform proposals. The problem has been two-fold, as structural reforms are generally not a very "sexy" topic they have garnered little public attention and certainly not enough to drive any sustained efforts at amendment.

On the former, there is still little agreement amongst Americans today on what the object of our government should be. And that is where we should start because the purpose dictates the structure, which determines the possibilities.

If Americans want government to deliver in the way Biden suggests, then the current structure left untouched is not going to serve that purpose. The problem is, it's unclear if that is what Americans want or if they prefer the structure built by the Framers, which, stunningly, has not changed much since they adopted it more than 230 years ago.

Read More

Red elephants and blue donkeys

The ACA subsidy deadline reveals how Republican paralysis and loyalty-driven leadership are hollowing out Congress’s ability to govern.

Carol Yepes

Governing by Breakdown: The Cost of Congressional Paralysis

Picture a bridge with a clearly posted warning: without a routine maintenance fix, it will close. Engineers agree on the repair, but the construction crew in charge refuses to act. The problem is not that the fix is controversial or complex, but that making the repair might be seen as endorsing the bridge itself.

So, traffic keeps moving, the deadline approaches, and those responsible promise to revisit the issue “next year,” even as the risk of failure grows. The danger is that the bridge fails anyway, leaving everyone who depends on it to bear the cost of inaction.

Keep ReadingShow less
Who thinks Republicans will suffer in the 2026 midterms? Republican members of Congress

U.S. Speaker of the House Mike Johnson (R-LA); House Chamber at the U.S. Capitol on December 17, 2025,.

(Photo by Kevin Dietsch/Getty Images)

Who thinks Republicans will suffer in the 2026 midterms? Republican members of Congress

The midterm elections for Congress won’t take place until November, but already a record number of members have declared their intention not to run – a total of 43 in the House, plus 10 senators. Perhaps the most high-profile person to depart, Republican Rep. Marjorie Taylor Greene of Georgia, announced her intention in November not just to retire but to resign from Congress entirely on Jan. 5 – a full year before her term was set to expire.

There are political dynamics that explain this rush to the exits, including frustrations with gridlock and President Donald Trump’s lackluster approval ratings, which could hurt Republicans at the ballot box.

Keep ReadingShow less
Social Security card, treasury check and $100 bills
In swing states, both parties agree on ideas to save Social Security
JJ Gouin/Getty Images

Social Security Still Works, but Its Future Is Up to Us

Like many people over 60 and thinking seriously about retirement, I’ve been paying closer attention to Social Security, and recent changes have made me concerned.

Since its creation during the Great Depression, Social Security has been one of the most successful federal programs in U.S. history. It has survived wars, recessions, demographic change, and repeated ideological attacks, yet it continues to do what it was designed to do: provide a basic floor of income security for older Americans. Before Social Security, old age often meant poverty, dependence on family, or institutionalization. After its adoption, a decent retirement became achievable for millions.

Keep ReadingShow less
How Texas’ Housing Changes Betray Its Most Vulnerable Communities
Miniature houses with euro banknotes and sticky notes.

How Texas’ Housing Changes Betray Its Most Vulnerable Communities

While we celebrate the Christmas season, hardworking Texans, who we all depend on to teach our children, respond to emergencies, and staff our hospitals, are fretting about where they will live when a recently passed housing bill takes effect in 2026.

Born out of a surge in NIMBY (“not in my backyard”) politics and fueled by a self-interested landlord lawmaker, HB21 threatens to deepen the state’s housing crisis by restricting housing options—targeting affordable developments and the families who depend on them.

Keep ReadingShow less