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

​Secretary of Defense Pete Hegseth.

Secretary of Defense Pete Hegseth speaks to senior military leaders in Quantico, Va., on Sept. 30, 2025.

The Military’s Diversity Rises out of Recruitment Targets, Not Any ‘Woke’ Goals

For over a hundred years, Nov. 11 – Veterans Day – has been a day to celebrate and recognize the sacrifice and service of America’s military veterans.

This Veterans Day, as always, calls for celebration of the service and sacrifice of America’s troops. But it also provides an opportunity for the public to learn at a deeper level about America’s troops and who they are.

Keep ReadingShow less
Two volunteers standing in front of a table with toiletries and supplies.

Mutual aid volunteers hand out food, toiletries and other supplies outside the fence of Amphi Park in Tucson, which was closed recently over concerns about the unsheltered population that previously lived there.

Photo by Pascal Sabino/Bolts

Facing a Crackdown on Homelessness, Two Arizona Cities Offer Different Responses

In August, fewer than 250 voters cast a ballot in a South Tucson recall election targeting the mayor and two allies in the city council. The three officials, Mayor Roxnna “Roxy” Valenzuela and council members Brian Flagg and Cesar Aguirre, form a progressive coalition in the small city’s leadership. Outside government, they also all work with Casa Maria, a local soup kitchen that provides hundreds of warm meals daily and distributes clothing, toiletries and bedding to the city’s unhoused population.

It was their deeds providing for the homeless population that put a target on their back. A political rival claimed their humanitarian efforts and housing initiatives acted as a magnet for problems that the already struggling city was ill-equipped to handle.

Keep ReadingShow less
From Nixon to Trump: A Blueprint for Restoring Congressional Authority
the capitol building in washington d c is seen from across the water

From Nixon to Trump: A Blueprint for Restoring Congressional Authority

The unprecedented power grab by President Trump, in many cases, usurping the clear and Constitutional authority of the U.S. Congress, appears to leave our legislative branch helpless against executive branch encroachment. In fact, the opposite is true. Congress has ample authority to reassert its role in our democracy, and there is a precedent.

During the particularly notable episode of executive branch corruption during the Nixon years, Congress responded with a robust series of reforms. Campaign finance laws were dramatically overhauled and strengthened. Nixon’s overreach on congressionally authorized spending was corrected with the passage of the Impoundment Act. And egregious excesses by the military and intelligence community were blunted by the War Powers Act and the bipartisan investigation by Senator Frank Church (D-Idaho).

Keep ReadingShow less
In and Out: The Limits of Term Limits

Person speaking in front of an American flag

Jason_V/Getty Images

In and Out: The Limits of Term Limits

Nearly 14 years ago, after nearly 12 years of public service, my boss, Rep. Todd Platts, surprised many by announcing he was not running for reelection. He never term-limited himself, per se. Yet he had long supported legislation for 12-year term limits. Stepping aside at that point made sense—a Cincinnatus move, with Todd going back to the Pennsylvania Bar as a hometown judge.

Term limits are always a timely issue. Term limits may have died down as an issue in the halls of Congress, but I still hear it from people in my home area.

Keep ReadingShow less