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A central question of political theory has long been how to reconcile the democratic ideal – where the people rule – with the reality of political power that is restrained and limited in various ways. This question has recently been raised in the debate on the European Union’s “democratic deficit”. A neo-Madisonian discourse has emerged that identifies in the EU’s multi-level governance a contemporary version of Madison’s separation of powers and checks and balances. This article develops a critique of this discourse by revisiting Madison’s writings and highlighting his republican vision of democratic legitimacy whereby institutional limitations to power are legitimized through their relationship with the principle of popular sovereignty.