Flashcards on Federalist Paper Summaries

Madison addresses two questions: does the Constitution pass 1) the republicanism test and 2) the federalism test? The answer depends on how we define republicanism and federalism. These are the \"great difficulties\" of definition. 1) \" If the Constitution departs from the \"strictly republican\" standard, or \"character,\" it must be rejected. What, then, is the definition of a republic? It is \"a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding office during good behavior.\" \"it is essential to such a government that it be derived from the great body of the society, not from an inconsiderable proportion or a favored class of it,\" and it is sufficient for such a government that the persons administering it be appointed, either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified.\" Test to measure the federalism of the Constitution: \"the real character of the government\" has five \"considerations\" to ponder when dealing with the \"real character\" standard. I) \"The foundation on which it is to be established.\" Who ratifies the Constitution, the states or the people? II) \"The sources from which its ordinary powers are to be drawn.\" Are the people or the states represented in the Congress? III) \"The operation of those powers.\" Does the government \"operate\" directly on the people in their \"individual capacities\" or on the states in \"their collective and political capacities?\" IV) \"The extent of '... the powers.\" Does the general government have \"an indefinite supremacy over all persons and things,\" or does its jurisdiction extend \"to certain enumerated objects only?\" V) \"The authority by which future changes in the government are to be introduced.\" Are amendments secured by a majority of the people or by the unanimity of the States? Madison: \"in strictness, neither a national nor a federal Constitution, but a composition of both.

Hamilton says Americans have the opportunity and obligation to \"decide the important question\" can \"good government\" be established by \"reflection and choice,\" or is mankind \"forever destined to depend for their political constitutions on accident and force.\" To assist \"our deliberations,\" he provides an outline of topics to be covered \"in a series of papers.\" 1) \"The utility of the union,\" 2) the \"insufficiency\" of the Articles of Confederation, 3) the minimum \"energetic\" government requirement, 4) \"the true principles of republican government,\" 5) the analogy of the proposed Constitution to the State governments, 6) and the added security \"to republican government, to liberty, and to property\" provided by the proposed Constitution. He concludes this essay on the \"momentous decision\": adopt the Constitution or dismember the Union.

Theme: legitimacy of Constitution Focus: Madison focuses on whether the convention was \"authorized to propose such a government?\" • delegates were authorized to frame a government \"adequate to the exigencies of the Union,\" and they performed that task, and • Madison acknowledges that there are some doubts that Congress authorized the delegates to devise a plan that totally overhauled, rather than simply amended, the Articles. • Says the really important question is NOT is the plan legal in the narrow sense of the term, but \"whether the advice (of the Convention) be good?\"

Theme: federal power Focus: This essay examines the fourth class of federal power \"certain miscellaneous objects of general utility.\" • namely, the republican guarantee clause. The main issues here are a) \"to defend the system against aristocratic or monarchical innovations,\" and b) to protect the principle of majority rule against the actions of a minority of \"adventurers.\" • Madison also discusses Article VII. This clause provides for ratification of the Constitution by nine out of thirteen specially called conventions.

Theme: Seperation of powers Focus: \"the structure\" of the government. • \"the accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny.\" • Madison argues 1) that Montesquieu wasn't advocating a complete \"wall of separation\" between the branches, but endorsed \"partial agency,\" 2)there isn't a strictly \"distinct\" separation of powers in the state constitutions and 3) the \"political truth\" really means that the separation of powers is violated when \"the whole power of one department is exercised by the same hands which possess the whole power of another department,\" and not when one branch has a partial agency in another branch. In fact, partial agency in practice is needed to accomplish the separation of powers in theory.

Theme: Separation of powers/ federalism Focus: Madison declares that \"the most difficult task\" is to provide \"some practical\" security for each branch against \"the invasion of the others.\" • Madison notes tyranny is far more likely in the legislative branch and that a hundred despots is far worse then one.

Theme: Separation of powers: Focus: How to deal with violations? Madison says Jefferson's approach of calling conventions to deal with conflict is an inefficient idea.

Theme: Separation of powers/foundation of Constitution Focus:How to implement concept 1. The way to implement the theory of separation of powers in practice is to so contrive \"the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.\" 2. Accordingly, \"each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others.\" 3. \"It is equally evident that the members of each department should be as little dependent as possible on those of the others for the emoluments annexed to their offices.\" 4. \"The great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others... \" A dependence on the people is, no doubt, the primary control on the government, but experience has taught mankind the necessity of auxiliary precautions.\" 5. \"This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public.\" Madison calls this policy \"inventions of prudence.\" 6. \"In republican government, the legislative authority necessarily predominates.\" Thus, it is \"not possible to give to each department an equal power of self-defense.\" Accordingly, we need to add here and subtract there. We can divide the legislature into two branches and fortify the executive with the power of a conditional veto 7. The general government comes closer to passing the \"self-defense\" of each branch test than do the State governments. America is a \"compound republic,\" rather than a \"single republic.\" This provides for a \"double security... to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.\" Second, there are only two ways to combat \"the evil\" of majority faction, \"by creating a will in the community independent of the majority,\" or creating an authoritative source \"dependent on the society,\" but, the society \"will be broken down into so many parts,\" that it contain a vast number and variety of interests. \"the security for civil rights must be the same as that for religious rights. \"justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit.\"

Theme: Presidential Power Focus:defending the Presidency Presidency against the \"unfairness\" of the Antifederalist \"representations.\" the \"mode of appointment\" by the Electoral College \"is almost the only part of the system, of any consequence, which has escaped without severe censure.\" \"this process of election affords a moral certainty that the office of President\" will be \"filled by characters pre-eminent for ability and virtue.\" This is important since \"the true test of a good government is its aptitude and tendency to produce a good administration.\" And a good executive is central to a good administration

Theme: Presidential Power Focus:Powers of the executive and their meaning, compares presidency to governorship v. king The \"real character of the proposed executive\" is revealed in terms of the organization and powers tests. The tests are 1) \"single magistrate,\" 2) \"four years; and is to be re-eligible,\" 3) impeachment and removal from office, 4) \"qualified negative of the Presidency,\" 5) \"occasional... commander-in-chief\" power which \"would amount to nothing more than the supreme command and direction\" of the armed forces, 6) power to pardon, 7) power to \"adjourn the legislature,\" 8) with the \"advice and consent of the Senate, to make treaties,\" 9) power to \"receive ambassadors and public ministers,\" 10) \"the power to nominate and appoint.\"

Theme: Presidential Power Focus: Energy given by executive branch to the government \"energy in the executive is a leading character in the definition of good government.\" He explores two questions. There are four ingredients of energy: I Unity, II Duration, III Adequate Provision for Support, and IV Competent Powers. B) There are two ingredients of republican safety: I \"A due dependence on the people,\" and II \"A due responsibility.\" Unity is \"conducive to energy.\" \"The dictates of reason and good sense,\" demonstrate that unity in the executive better secures the goals of \"decision, activity, secrecy, and dispatch.\" A \"plurality in the executive\" also destroys \"responsibility.\"

Theme: Presidential Power Focus:Duration as it pertains to \"the personal firmness of the executive. 1. \"It is a general principle of human nature that a man will be interested in what he possesses, in proportion to the firmness or precariousness of the tenure by which he holds it.\" The duration provision helps the President to be \"interested\" in resisting the \"ill-humors\" of society and a \"predominant faction in the legislative body.\" 2. \"The servile pliancy of the executive to a prevailing current in the community or in the legislature\" is NOT \"its best recommendation.\" The President must resist a \"complaisance to every sudden breeze of passion\" \" It is the duty of the executive to secure the \"republican principle\": \"the deliberate sense of the community should govern.\" 3. \"The executive should be in a situation to dare to act... with vigor and decision.\" 4. \"The fundamental principles of good government\" requires a fortification of the executive against the \"almost irresistible\" tendency in \"governments purely republican\" for the \"legislative authority to absorb every other.\" 5-7. \"It may be asked whether a duration of four years\" is sufficient. It may not \"completely answer the end proposed; but it would contribute towards it in a degree which would have a material influence upon the spirit and character of the government.\"

Theme: Presidential Power Focus: Duration pertaining to \"the stability of the system of administration.\" He lists five \"pernicious\" \"ill effects\" that will occur as a result of \"exclusion.\" aka term limits. 1. \"There is an intimate connection between the duration of the executive magistrate in office and the stability of the administration of government\" which includes \"foreign negotiations,\" public finance, and \"the directions of the operations of war.\" 2. \"With a positive duration of considerable extent, I connect the circumstance of re-eligibility.\" The former is vital for individual firmness; the latter for a \"wise system of administration.\" 3. \"Exclusion\" from office, or term limits, for the President is \"pernicious.\" 4. \"One ill effect of the exclusion would be a diminution in inducements to good behavior.\" 5, 6, 7. \"Another ill effect of the exclusion would be the temptation to sordid views, to peculation, and, in some instances, to usurpation.\" 8. \"A third ill effect of the exclusion would be the depriving the community of the advantage of the experience gained by the Chief Magistrate in the exercise of his office.\" Remember, \"experience is the parent of wisdom.\" 9. \"A fourth ill effect of the exclusion would be the banishing men from stations in which, in certain emergencies of the State, their presence might be of the greatest moment to the public interest or safety.\" 10. \" A fifth ill effect\" is that \"by necessitating a change of men, in the first office of the nation, it would necessitate a mutability of measures.\" The disadvantages of exclusion outweigh the advantages.

Theme: Presidential Power Focus: Adequate Provision for Support, and Competent Powers and the veto power. Hamilton defends the \"qualified negative of the President\" as 1) \"a shield to the executive,\" to protect its \"constitutional rights,\" and as 2) an \"additional security against the enaction of improper laws.\" The presidential veto, moreover, \"will often have a silent and unperceived, though forcible, operation.\"

Theme: Presidential Power Focus: the commander-in-chief clause, and the power to pardon and reprieve clause. \"the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand.\" Congress may not always be in session; \"there are often critical moments when a well-timed offer of pardon... may restore tranquillity to the commonwealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall.

Theme: Presidential Power Focus: the issue of energy and how these ingredients can be combined with others that are safe in the republican sense? Hamilton claims that an added advantage \"to the stability of the administration,\" is that the consent of the Senate \"would be necessary to remove as well as to appoint.\"

Theme: The Judiciary Focus: Composition and extent 1st. The mode of appointing the judges. 2nd. The tenure by which they are to hold their places. 3rd. The partition of the judicial authority between different courts and their relations to each other.\" \"As to tenure by which the judges are to hold their places: this chiefly concerns [1] their duration in office, [II] the provisions for their support, [III] the precaution for their responsibility.\" The remainder of the essay covers the case for [I] their duration in office. {Article III, Section 1.} \"The standard of good behavior...is certainly one of the most valuable of the modern improvements in the practice of government.\" It helps the judiciary to resist \"legislative encroachment.\" He makes the case for \"permanent tenure\" to resist the encroachment of the legislature. The judiciary \"will always be the least dangerous to the political rights of the Constitution.... It may truly be said to have neither FORCE nor WILL but merely judgment.\" The judiciary is \"the weakest of the three departments of power,\" and its \"natural feebleness\" needs fortification. \"The complete independence of the courts of justice is peculiarly essential in a limited Constitution. It is the \"duty\" of the courts, \"to declare all acts contrary to the manifest tenor of the constitution void.\" Anti-federalist think the \"doctrine would imply a superiority of the judiciary to the legislative power.\" \"The legislature cannot be the constitutional judges of their own powers.\" The Constitution is the fundamental law and it belongs to the courts to \"ascertain its meaning\" and to secure \"the intention of the people\" over \"the intention of their agents\" whenever there is \"an irreconcilable variance between the two.\" \"The interpretation of the laws is the proper and peculiar province of the courts.\" Since the Constitution is the \"fundamental law,\" it therefore belongs to the Supreme Courts \"to ascertain its meaning.\" \"Permanent tenure\" can help to resist the \"ill humors\" that may momentarily \"lay hold\" of the people to violate the Constitution. \"As faithful guardians of the Constitution,\" the courts must restore the norm of \"more deliberate reflection.\" It can also help to resist legislative efforts to injure \"the private rights of particular classes of citizens, by unjust and partial laws.\" It is needed so that courts provide \"inflexible adherence to the rights of the Constitution, and of individuals.\" It is needed to attract individuals with the \"requisite integrity,\" and the \"requisite knowledge\" to handle the \"variety of controversies which grow out of the folly and wickedness of mankind.\" \"Good behavior\" for justices has the added benefit of securing \"good government.\"

Theme: Presidential Power Focus:Meaning of the Supreme Courts superiority and Congress' ability to establish inferior courts Hamilton examines the claim that the Supreme Court will become the supreme branch because it has the power \"to construe the laws according to the spirit of the Constitution.\" Congressional power to constitute \"inferior courts\" is not intended to abolish state and local courts. \"the Supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make,\" is not an attempt to abolish the trial by jury at the state level. Hamilton observes that the original jurisdiction of the Supreme Court \"is confined to two classes of cases.\"

Theme: Bill of Rights Focus: Why it's not necessary Hamilton points to the preamble as well as specific clauses of the constitution to show man's rights are preserved and argue a bill of rights is already contained in the Constitution and therefore unnecessary as a separate section. \"Bills of Rights are, in their origin, stipulations between kings and their subjects.\" The \"We the people\" clause in the Preamble to the Constitution \"is a better recognition of popular rights than volumes of those aphorisms which make the principle figure in several of our State bills of rights and which would sound much better in a treatise of ethics than in a constitution of government.\" \"Bills of Rights...are not only unnecessary in the proposed Constitution but would even be dangerous.\" A declaration protecting liberty of the press is \"impracticable.\" We must seek its security \"on public opinion, and on the general spirit of the government.\" \"The Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS.\" It meets two vital objects of a bill of rights: it 1) declares and specifies \"the political privileges of the citizens in the structure and administration of the government,\" and 2) defines \"certain immunities and modes of proceeding, which are relative to personal and private concerns.\"

Federalist Nos. 1, 40, 43

Federalist No. 39

Federalist No. 84

Federalist No. 47, No. 48, No. 49, No. 51

As opposed to Federalists, people that feared a strong central government, supported states' rights, and opposed ratification of the U.S. Constitution. Anti-federalists insisted that a Bill of Rights must be included in the Constitution to protect individual's rights against a powerful central government. Anti-federalists typically were members of the poorer classes, but also included patriots Thomas Jefferson, Patrick Henry, James Monroe, and Richard Henry Lee. Anti-federalists strongly opposed the ratification of the U.S. Constitution in Virginia and New York.

As opposed to anti-Federalists, people that favored a strong central government, feared too much power in the hands of the masses, and strongly supported the U.S. Constitution. Federalists were typically members of the cultured and propertied classes, and included Alexander Hamilton, James Madison, and John Jay. The Federalist perspective was codified in the form of 85 essays that appeared in New York newspapers between 1787 and 1788, and later published as The Federalist.

Hamilton was from the West Indies and a \"self-made man.\" He Began his political career through a close military service under George Washington in the Continental Army. He represented New York at the Annapolis Convention, and participated as a delegate to the Constitutional Convention at which he proposed a tremendously strong centralized government with a president who served for life. Hamilton played an integral role to pass the Constitution in New York State through the Federalist Papers. He served as Secretary of the Treasury during Washington's presidency and distinguished himself through his strong financial policy and leadership. He died as a result of a duel fought with Aaron Burr. Hamilton was a nationalist who emphasized strong central government and successfully argued that the implied powers of the Constitution could be used to fund the national debt, assume state debts, and create the government-owned Bank of the United States. These programs were funded primarily by a tariff on imports and a highly controversial excise tax on whiskey.

James Madison was a delegate from Virginia to both the Annapolis Convention and the Constitutional Convention who strongly clamored for a vigorous and powerful central government. Because of his central role in creating the U.S. Constitution, and because of the diligence with which he maintained records during the Convention, he is known as \"the father of the Constitution.\" Later in his political career, he moved away from the federalist political party and became a strong supporter of the Jeffersonian Republicans. Madison followed Jefferson as the fourth president of the United States. He was the fourth President of the United States (1809-1817) and the author of the United States Bill of Rights. Madison and Thomas Jefferson organized what they called the Republican Party (later called by historians the Democratic-Republican Party)[3] in opposition to key policies of the Federalists, especially the national bank and the Jay Treaty. He co-authored, along with Thomas Jefferson, the Kentucky and Virginia Resolutions in 1798 to protest the Alien and Sedition Acts.

39 40 43 47 48 49 51

1 68-73 74 77 78 81 84

Federalist No. 78, 81 78 implies a judicial supremacy in the review of matters of constitutionality

Federalists No. 67-73, 77,

In Federalist No. 84 Hamilton says the preamble gives the protections for the rights of the people- the people surrender nothing and retain everything