A crisis of faith: Tobacco and the Madisonian democracy

The battle over tobacco in the United States has shifted from Congress and state legislatures to courtrooms. This Essay discusses the history of contr oversy surrounding tobacco and the recent tobacco litigation from a Madison ian perspective. Madison believed in separation of powers and the need for each branch to check the others. In this Essay, the author argues that as t he Executive Branch seeks to controvert the legislative process, danger is posed if the other branches acquiesce.