Federalist No. 10

Federalist No. 10 Written by Madison, discusses importance of factions, factions are inevitable, but factions are best handled by a large republic. Federalist No. 10 is an essay written by James Madison as the tenth of The Federalist Papers, a series of essays initiated by Alexander Hamilton arguing for the ratification of the United States Constitution. Madison believed factionalism presented a danger to the American people as a whole, and he wrote Federalist No. 10 to promote national unity. ... To safeguard against factionalism, Madison argues for a representative democracy, or a republican form of government, in which the people elect a leader to represent them. Brutus No. 1 – Anti-Federalists The Anti-Federalist Robert Yates of New York wrote this essay under the penname “Brutus” in 1787. Like other opponents of the proposed U.S. constitution, “Brutus” accepted the conventional wisdom that republics had to be small and homogeneous—not large and diverse—in order to be successful. Brutus argues that the proposed constitution is incompatible to the US because of the size of the country and the number of inhabitants. He also notes that the US is rapidly growing and is set to increase over ten times its current size in the next several years. An Anti-Federalist essay which argued against a strong central government based on the belief that it would not be able to meet the needs of all US citizens. The Declaration of Independence Thomas Jefferson’s document built on principles of “life, liberty, and the pursuit of happiness” consent of the governed, and social contract theory. It also justified American revolution against England The Articles of Confederation  Weak association of states (states very independent)  No central executive power  No federal power to tax citizens directly  Federal government could raise an army, (but not pay for it), print money, declare war, and run the post office  9 out of 13 states were required to vote to pass a law  With no strong central government supervision, states could get away with taxing and printing money, and making foreign treaties,  Shays’ Rebellion – Farmer rebellion in Massachusetts 1786-1787 protesting mortgage foreclosures and terrible economy. Rebellion represented how weak the central government was, and terrified many Americans The Constitution of the United States (Including the Bill of Rights and following Amendments) • Article I –Legislative Branch • Article II –Executive Branch • Article III –Judicial Branch • Article IV – Interstate relations • Article V – Amendment process Bill of Rights - First 10 amendments to the Constitution that guarantees individual and states’ rights. This was a concession the federalists made to the anti-federalists to ensure constitution would be ratified. o Amendment 1 – freedom of speech, assembly, petition, religion, press o Amendment 2 - right to bear arms o Amendment 4 – no unreasonable searches and seizures o Amendment 5 – right to a trial, no double jeopardy, individuals are not required to testify against themselves o Amendment 6 – right to a speedy, public, and impartial trial with lawyer o Amendment 8 – no excessive bails or fines, no cruel and unusual policies o Amendment 10 – powers not given to the federal government or denied of the states are reserved to the states (states rights) Federalist 51 Written by Madison, discusses importance of checks and balances and the separation of powers in the constitution. James Madison explains and defends the checks and balances system in the Constitution. ... “It may be a reflection on human nature, that such devices [checks and balances] should be necessary to control the abuses of government. Focuses on the need for checks and balances in government while reminding people that separation of powers is critical to balance any one person or branch whose ambition is overwhelming. What is necessary, according to Madison, for the branches to be genuinely separate in #51? Each department must have a will of its own, and each branch of government should not be involved in the appointment of the members of the other branches. He talks about checks and balances so that ambition counteracts ambition. Each branch should be, in Madison's opinion, mostly independent. Letter from Birmingham Jail Federalist No. 70 – Strong Executive (President) In this Federalist Paper, Alexander Hamilton argues for a strong executive leader, as provided for by the Constitution, as opposed to the weak executive under the Articles of Confederation. Because Federalist No. 70 argues for a strong, unitary executive, it has often been used as a justification for expanding executive and presidential power, especially during times of national emergency. What benefits does a strong presidency provide to a representative democracy? An energetic president best protects liberty when faction, anarchy, and excessive ambitions threaten it. Why does a weak executive create a bad government? Should the executive be weak, then no one will be able to protect people’s rights and liberties. Having a large plurality in the executive conceals fault and destroys responsibility. Federalist No. 78 – Judicial Review No. 78 discusses the power of judicial review. It argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency. Hamilton viewed this as a protection against abuse of power by Congress. According to Hamilton the purposes of the judicial branch is to "declare all acts contrary to the manifest tenor of the Constitution void", meaning to rule any laws or policies not in accordance with the Constitution, unconstitutional.