Skip to content
Search

Latest Stories

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

Congress Bill Spotlight: Remove the Stain Act

A deep look at the fight over rescinding Medals of Honor from U.S. soldiers at Wounded Knee, the political clash surrounding the Remove the Stain Act, and what’s at stake for historical justice.

Getty Images, Stocktrek Images

Congress Bill Spotlight: Remove the Stain Act

Should the U.S. soldiers at 1890’s Wounded Knee keep the Medal of Honor?

Context: history

Keep ReadingShow less
The Recipe for a Humanitarian Crisis: 600,000 Venezuelans Set to Be Returned to the “Mouth of the Shark”

Migrant families from Honduras, Guatemala, Venezuela and Haiti live in a migrant camp set up by a charity organization in a former hospital, in the border town of Matamoros, Mexico.

(Photo by Andrew Lichtenstein/Corbis via Getty Images)

The Recipe for a Humanitarian Crisis: 600,000 Venezuelans Set to Be Returned to the “Mouth of the Shark”

On October 3, 2025, the U.S. Supreme Court cleared the way for Department of Homeland Security Secretary Kristi Noem to end Temporary Protected Status for roughly 600,000 Venezuelans living in the United States, effective November 7, 2025. Although the exact mechanisms and details are unclear at this time, the message from DHS is: “Venezuelans, leave.”

Proponents of the Administration’s position (there is no official Opinion from SCOTUS, as the ruling was part of its shadow docket) argue that (1) the Secretary of DHS has discretion to determine designate whether a country is safe enough for individuals to return from the US, (2) “Temporary Protected Status” was always meant to be temporary, and (3) the situation in Venezuela has improved enough that Venezuelans in the U.S. may now safely return to Venezuela. As a lawyer who volunteers with immigrants, I admit that the two legal bases—Secretary’s broad discretion and the temporary nature of TPS—carry some weight, and I will not address them here.

Keep ReadingShow less
For the Sake of Our Humanity: Humane Theology and America’s Crisis of Civility

Praying outdoors

ImagineGolf/Getty Images

For the Sake of Our Humanity: Humane Theology and America’s Crisis of Civility

The American experiment has been sustained not by flawless execution of its founding ideals but by the moral imagination of people who refused to surrender hope. From abolitionists to suffragists to the foot soldiers of the civil-rights movement, generations have insisted that the Republic live up to its creed. Yet today that hope feels imperiled. Coarsened public discourse, the normalization of cruelty in policy, and the corrosion of democratic trust signal more than political dysfunction—they expose a crisis of meaning.

Naming that crisis is not enough. What we need, I argue, is a recovered ethic of humaneness—a civic imagination rooted in empathy, dignity, and shared responsibility. Eric Liu, through Citizens University and his "Civic Saturday" fellows and gatherings, proposes that democracy requires a "civic religion," a shared set of stories and rituals that remind us who we are and what we owe one another. I find deep resonance between that vision and what I call humane theology. That is, a belief and moral framework that insists public life cannot flourish when empathy is starved.

Keep ReadingShow less
The Myth of Colorblind Fairness

U.S. Supreme Court

Photo by mana5280 on Unsplash

The Myth of Colorblind Fairness

Two years after the Supreme Court banned race-conscious college admissions in Students for Fair Admissions, universities are scrambling to maintain diversity through “race-neutral” alternatives they believe will be inherently fair. New economic research reveals that colorblind policies may systematically create inequality in ways more pervasive than even the notorious “old boy” network.

The “old boy” network, as its name suggests, is nothing new—evoking smoky cigar lounges or golf courses where business ties are formed, careers are launched, and those not invited are left behind. Opportunity reproduces itself, passed down like an inheritance if you belong to the “right” group. The old boy network is not the only example of how a social network can discriminate. In fact, my research shows it may not even be the best one. And how social networks discriminate completely changes the debate about diversity.

Keep ReadingShow less