Federalist No. 10 and No. 51 – Flashcards

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According to Madison, what is a faction?
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"A number of citizens...who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community."
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What are the two methods of curing the "mischiefs" of faction?
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By either removing its causes or controling its effects.
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What two methods of removing the causes of faction does Madison give?
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1. By destroying the liberty which is essential to its existence. 2. By giving to every citizen the same opinions, the same passions, and the same interests.
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True or False - Tyranny is necessary for the survival of a faction.
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False. According to Madison, "Liberty is to faction what air is to fire, an aliment without which it instantly expires".
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What, according to Madison, is the most common and durable source of factions?
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The various and unequal distribution of property.
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According to Madison, what are the two ways by which the public good and private rights can be secured against the danger of a faction in which the majority is included, while at the same time preserving the spirit and the form of popular government?
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1. The existence of the same passion or interest in a majority at the same time must be prevented. OR 2. The majority, having such coexistant passion or interest, must be rendered, by their number and local situation, unable to concert and carry into effect schemes of oppression.
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Why does Madison think that a pure democracy will not be able to control faction?
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According to Madison, "A common passion or interest will, in almost every case, be felt by a majority of the whole; a communication and concert result from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual".
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What are the two main difference between a democracy and a republic?
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The two main points between a democracy and a republic are: 1. The delegation of the government, in the latter, to a small number of citizens elected by the rest. 2. the greater number of citizens, and greater sphere of country, over which the latter may be extended.
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What are the dangers of having too many electors for a given representitive?
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The representitives will be "too little acquainted with all their local circumstances and lesser interests".
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What are the dangers of having too few electors for a given representitive?
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According to Madison, "You render him [the representitive] unduly attached to these [local circumstances and lesser interests], and too little fit to comprehend and pursue great and national objects".
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What does "the great security against a gradual concentration of the several powers in the same department" consist of?
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It, "consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others".
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When framing a goverment which is to be administered by men over men, where does Madison believe the greatest difficulty will be found?
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According to Madison, "you must first enable the government to control the governed; and in the next place oblige it to control itself".
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What are the two considerations which Madison sees as "particularly applicable to the federal system of America, which place that system in a very interesting point of view"?
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1. "In a single republic, all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments." 2. "It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part."
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What is essential to the "preservation of liberty?" How should this "be so constituted?"
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Each department should have a will of its own. Each department should be political independant of the others, i.e. each should have as little agency as possible in the appointment of the others.
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Explain the following: "A dependant on the people is, no doubt, the primary control of the government; but experience has taught mankind the necessity of auxiliary precautions."
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Elections are important to resist tyranny, but they are not enough. Other measures are needed. Madison goes on to describe the roles of separation of powers, checks and balances, and federalism in this regard throughout the balance of this essay.
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In a republic government, what branch of government is the strongest? Identify three ways of "remedying this inconveniency."
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The legislature is the strongest. - Dividing Congress - Giving the two houses of Congress two different means of election, - Fortifying the executive, e.g. with a veto
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List two ways in which the federal system of the U.S. "places that system in a very interesting point of view," i.e., protects against tryanny
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- In the "compound republic" of the US, power is divided between two distinct levels of government, i.e. state governments and the national government, and then each level in turn subdivides itself; hence a "double security" - The multiplicity of interest within the US will make it unlikely that tyranny will develop. In a small republic,there is greater chance that a majority faction will develop and oppress the people. In a large republic, these is less chance that this will occur simply because the nation is so vast and because there are so many interests present.
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What is the general theme of this paper? Why is a theme important, according to the author?
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A separation of powers is necessary prerequisite to limited constitutional government because a concentration of political power is inherently dangerous and will sooner or later lead to the abuse of power and to oppressive government
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What are four elements of the separation of powers?
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- the idea of three separate and independent branches of government; - the realization that government performs different kinds of functions, and the belief that there are unique functions appropriate to each branch; - the belief that the personnel of the branches of government should be kept distinct, no one person being able to be a member of more than one branch of government at the same time; - the belief that the legislature may not alter the distribution by delegating its powers to the executive or the judicial branch
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What does Madison mean by the statement, "Ambition must be made counteract ambition?"
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By pitting ambitions people against each other, they will counteract each other. For example, in a checks and balance system of government, if one branch tries to extend their powers, the other branch will step in and check their power
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Is government (and its form) merely "the greatest of all reflections on human nature?" How so or why not?
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Madison had a realistic view on mandkind. "If men were angels, no government would be necessary." Madison believed that mankind was prone to corruption and greed, but at the same time he saw virtue as well. He believed that the government would be the true reflection of the people it represented and it must not conform to the evils of human nature
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What is the "great difficult" with government? Why?
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Obviously government is not run by angels, so Madison argues that the problem is twofold: - We must enable to government to control the governed (i.e. public safety issues - we need laws to prevent people from speeding, looting stores, etc.)
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What does the author mean when he asserts that "the defect of better motives might be traced through the whole system of human affairs, private as well as public?"
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Madison believes that based on human nature, the government must be able to control the citizens. Human nature is to interact with one another, both in the private and public sector, therefore they must be able to work together to make the system work as a whole... he believed government could must control these interactions
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What does this say about human nature?
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It reflections his distrust of mankind, but also his belief that they could work together to achieve goals
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If what the author says is true about human nature, why are checks and balances of power necessary?
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Because when power is granted, it is natural to want to expand that power. The system of checks and balances ensures that one branch of government can never have too much power over the other branch.
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What checks are placed by the Constitution on the legislative branch?
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The Legislature is broken into bicameral structure with both the House and the Senate having different functions and duties. Additionally, they serve different terms and have different requirements for serving.
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Is indeed the legislative branch the most powerful branch of our national government today?
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Many scholars could claim the Legislative branch is the most powerful branch based on the "necessary and proper clause" which allows Congress to do whatever is "necessary and proper" to fulfill their powers as stated in Constitution
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Paragraph 1 - What is the problem that is identified in this paragraph? (Hint. It causes the government to be unstable and contributes to "unsteadiness and injustice")
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Factions. Madison argues for the general political importance of breaking and controlling factions and points in particular to the "factious spirit" of the time.
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Paragraph 2 - Define faction
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A group of citizens united by a common idea or opinion
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Paragraph 2- Explain why factions are considered dangerous to the republican government.
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Madison believed that factions operate in their own interest and ignore the rights of other citizens and/or the interest of the community.
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Paragraphs 3- 6 What are two ways in which factions can be cured?
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By removing the causes of factions OR by controlling the effects
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Paragraph 3-6 How does the author "shoot down" the possibility of removing the causes?
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You cannot remove the causes of factions because to do so, you would have to destroy liberty and freedoms that allow them to exist. If you destroy liberty and freedom you destroy government.
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Paragraphs 7- 9 What evidence is offered for the claim that "the latent causes of factions are...sown in the nature of man"?)
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Madison believes that as long as man is allowed to exercise liberty that different opinions will be formed.
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Paragraph 7-9 What is the most common cause for the development of factions?
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the unequal distribution of property
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Paragraph 7-9- What is the traditional role of government on this issue?
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The traditional role of government is to protect and regulate any concerns having to do with property.
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Paragraph 7-9- The author states "No man should be judge in his own case." However, legislators ("a body of men") are inevitably interested in much of the legislation that they consider. Is there a remedy for this?
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Only if it were possible to have "enlightened statesmen" who are only concerned with justice and public good. BUT enlightened statesmen will not always be available or in power.
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Paragraph 7-9- Summarize the four arguments as to why it is not possible to remove the causes of factions.
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1. It is not desirable to eliminate the freedom that allows for expression and differing opinions 2. It is not possible to make every person in society have the same opinions 3. Factions generally arise out of a concern for property, and it is one of the duties of government to protect property and to balance its regulation 4. It will not always be possible to have "enlightened" legislators who can rise above their own interests
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Paragraph 10 In ruling out these possibilities, the author implies that if the causes of factions cannot be eliminated then the only alternative is to:
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Control its effects ( Control Factions)
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Paragraph 11 How can a minority faction be controlled?
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It will be defeated by a regular vote
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Paragraph 12 How can a majority faction be controlled?
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either by preventing it in the first place or by making it incapable of putting its schemes (opinions/plans) into effect.
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Paragraph 13 What is pure democracy ?
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In a pure democracy each citizen represents himself or herself
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Paragraph 13 Why is pure democracy often considered the ideal government?
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It would seem best for each person to speak and vote for himself
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Paragraoh 13 Why can't pure democracies deal justly with majority factions?
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There is nothing to control a majority interest; political equality does not translate into equality of possessions, opinions, and passions
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Paragraph 14 Madison presents his solution to the problem of factions. What does he state is the cure? (hint: type of government)
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A republic or representative government
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Paragraph 15 How is it that republics, especially large ones, can deal more effectively with the problems generated by majority factions? (two reasons).
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Republics can represent larger numbers of citizens Republics may extend over a lager territory
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Paragraph 16 What is the major advantage of having Republics represent larger number of citizens?
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The effect of having elected representatives is to refine and enlarge the public views by passing them through the medium of a chosen body of its wiser citizens. The public voice of the elected representatives may better reflect the public good than the direct pronouncements of the people.
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Paragraph 16 What might be the major disadvantage of this reason or characteristic?
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The representatives may not be well acquainted with local circumstances and with the minority's interests
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Paragraph 16 The author then poses a rhetorical question and proceeds to answer it. (write the question and his answer).
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Question: Are small or extensive republics more favorable to the election of representatives who will protect the public interest? Answer: Extensive republics provide the best safeguard to protecting the public interest
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Paragraphs 17-18 Explain the two reasons why the author came to this answer (see below) Question: Are small or extensive republics more favorable to the election of representatives who will protect the public interest? Answer: Extensive republics provide the best safeguard to protecting the public interest
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1. Large republics offer better opinions for electing representatives of fit character, as there will be more to chose from. 2. It will be more difficult for unworthy candidates to become elected when they are under the scrutiny of a larger electorate.
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Paragraph 19 In trying to anticipate any possible arguments against his reasoning, the author acknowledges that representative government requires a balance between too many electors and too few electors. What is the problem with too many? What is the problem with too few?
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Too many:The representatives may be too little acquainted with their particular interests Too few: The representative may be too attached to their interests and not able to objectively view national issues and interests.
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Paragraph 19 Why does the author believe that the new federal constitution provides the necessary balance?
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The Constitution provides for two distinct legislatures
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Paragraph 19 The Constitution provides for two distinct legislatures, name the two
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A national legislature to decide "great and aggregate interests" A state legislatures for local and particular interests.
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Paragraph 19 Identify the principle that the author is defending.
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Federalism
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Paragraph 20 What arguments does the author make to support his claim that large (number of electors) and extensive (territory) republics afford the best control of factions?
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Extended republics encompass a greater variety of parties and interests, making it less probable that a factious majority can be formed or that it can act
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Paragraph 21 For what three reasons does the author believe that large republics have an advantage over small ones and that the Union (national government) has over small republics (the states).
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1. Representatives of the Union are more likely to be enlightened and virtuous and less likely to be tainted by local prejudice and in justices 2. The Union is more secure against oppression from a factious party because of the greater variety of parties and interests it encompasses 3. The Union, because of its size, poses greater obstacles to a majority faction's taking concerted action.
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Paragraph 22 The author presents two more arguments in favor of large republics being able to control factions. Explain them.
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1. Factious leaders or religious sects may come to dominate a particular state or region, but are very unlikely to dominate the entire nation 2. Improper or unjust projects will be less likely to pervade the entirety of the nation.
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