Debate Debate Over Over

RatificationRatification::

TheTheFederalist Federalist Papers & Papers & The Anti-The Anti-Federalist Federalist

PapersPapers

Madison, Hamilton & Jay:Madison, Hamilton & Jay:Tried to persuade delegates at Tried to persuade delegates at ratifying conventions to support ratifying conventions to support the new Constitutionthe new Constitution

Henry, Lee, Yates, and Henry, Lee, Yates, and OthersOthersUsed Roman names (and Used Roman names (and anonymity) to express their anonymity) to express their fears over ratification fears over ratification

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http://www.youtube.com/watch?v=mO-Ui50mlqA&feature=related

Reading Assignments Reading Assignments (questions to answer on slides below)(questions to answer on slides below)

  Federalist # 10

Patrick Henry’s speech

Federalist #51

1Ahmed Zoe Shveta

2Anjay Karen Mary

3Nanka Jocelyn Fernando

4Sharon Nanki Wendi

5Vi Ted Hien

6Kapil Neil Ryan

7Edgar Sawan An

8Alina Alejandra Erin

9 Tue    

  Federalist # 10

Patrick Henry’s speech

Federalist #51

1Kirubel Daniel Abby

2Quang Jose Marlen

3Tristan Nadine Ciros

4Samuel Foster Claire

5Russell Christin Lawrence

6Revanth Chris Emma

7Eric D Edmond Erich M

8Manju Alexandra Victoria

  Federalist # 10

Patrick Henry’s speech

Federalist #51

1Gavin Dulce Kazi

2Gabriel Sharyar Amy

3Shahin Shayan Nilay

4Sara Ben Yonathan

5Chris Pranav Sami

6Dharwin Morenike Nisha

7Michele   Aayushi

Federalist #10Federalist #10

“The Union as a Safeguard Against Domestic Faction and Insurrection”

Published initially in the New York Packet, November 23, 1787

Written by James Madison

Federalist #10Federalist #10

What is a faction? A group of people sharing common interests,

preferences and/or philosophy. Factions can form on the basis of:

Social class Industry, occupation Religion, national origin, language Many other social & economic traits.

Why are factions to be Why are factions to be feared?feared?

Self-love is an inherent aspect of Self-love is an inherent aspect of human nature. People are:human nature. People are:

SelfishSelfish BiasedBiased Often overcome with emotionOften overcome with emotion Often do unreasonable thingsOften do unreasonable things

Groups can amplify all of these bad Groups can amplify all of these bad tendencies.tendencies.

Factions can be dangerous Factions can be dangerous to the republic.to the republic.

When a faction gains political When a faction gains political power, it is likely to:power, it is likely to:

Pursue its own interests zealously.Pursue its own interests zealously. Trample the rights of others.Trample the rights of others. Govern without concern for the Govern without concern for the

“public good.”“public good.”

How can the Republic be How can the Republic be protected from the mischief protected from the mischief

of factions?of factions? Logically, there are two possibilities:Logically, there are two possibilities:

1.1. Take steps to stop factions from formingTake steps to stop factions from forming

2.2. Accept factions and take steps to keep Accept factions and take steps to keep them from gaining too much political them from gaining too much political power.power.

How can the Republic be How can the Republic be protected from the mischief protected from the mischief

of factions?of factions?

Make electoral districts large.Make electoral districts large. Size Size Diversity Diversity

Diversity Diversity “Better” elected “Better” elected officialsofficials

The Federalist #10The Federalist #10 Why does Madison think the problem of a Why does Madison think the problem of a

“Minority” faction is easy to handle? “Minority” faction is easy to handle? Conversely, why is he so troubled by the Conversely, why is he so troubled by the

potential of a majority faction?potential of a majority faction? How does he distinguish direct democracy from How does he distinguish direct democracy from

a republican gov’t?a republican gov’t? What is he getting at when he terms elected What is he getting at when he terms elected

representatives “proper guardians of the public representatives “proper guardians of the public weal”?weal”?

Why does he think that “extensive republics” are Why does he think that “extensive republics” are more likely to produce such representatives than more likely to produce such representatives than small ones?small ones?

Federalist #51Federalist #51

“The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments”

Published in the New York Packet, February 8, 1788

Probably written by Madison, though some Probably written by Madison, though some believe it is by Hamilton.believe it is by Hamilton.

Federalist #51Federalist #51

Federalist #10 argued that large districts help to check the mischief of a faction.

But elected officials will be passionate, biased, ambitious – they will sometimes pursue their passions at the expense of the public good.

Federalist #51Federalist #51

Moreover, a strong state confederacy -- as under the Articles of Confederation – can lead to anarchy.

Following Hobbes (Leviathan 1651): Fear of anarchy leads even those in the majority to support civil rights for all

Federalist #51Federalist #51Like Federalist #10,Like Federalist #10,

a concern for minority a concern for minority rights:rights:

““In a free government the security for In a free government the security for civil rights must be the same as that for civil rights must be the same as that for religious rights.” religious rights.”

How do we protect the minority?How do we protect the minority? Separate powerSeparate power

3 branches3 branches 3 Levels3 Levels

Build in Checks & BalancesBuild in Checks & Balances

Federalist #51Federalist #51Many Founders had a Many Founders had a

Pessimistic view of human Pessimistic view of human nature:nature:

““If men were angels, no government If men were angels, no government would be necessary. If angels were to would be necessary. If angels were to govern men, neither external nor govern men, neither external nor internal controls on government would internal controls on government would be necessary.”be necessary.”

How can we design How can we design government to further government to further

check the power of check the power of factions and the danger of factions and the danger of

self-love?self-love? Government should be designed to take advantage of “self

love” and ambition. HOR local interests, Senate state interests, President

national interests Use human weakness as an asset. Know someone else is

watching.

The Aim of the new The Aim of the new Constitution:Constitution:

“The constant aim is to divide and arrange the several offices in such a manner as that each be a check on the other – that the private interest of every individual may be a sentinel over the public rights.”

Federalist #51Federalist #51The main solution:The main solution:

Separation of powers: Limited interaction of those selecting

members of each branch Economic and political independence of

each branch

Federalist #51Federalist #51The secondary solution:The secondary solution:

Federalism provides “double security.”

“The power surrendered by the people is first divided between two distinct governments”

A “compound republic” leads to dual allegiance and double protection.

The Federalist #51The Federalist #51 How did Madison think the necessary separation of How did Madison think the necessary separation of

powers among the 3 branches should be achieved? powers among the 3 branches should be achieved? What did he consider to be the greatest difficulty in What did he consider to be the greatest difficulty in

creating a government? What solution did he creating a government? What solution did he suggest?suggest?

What 2 reasons did Madison give to argue the What 2 reasons did Madison give to argue the judiciary should be selected differently from the judiciary should be selected differently from the other 2 branches?other 2 branches?

How are Madison’s concerns about the “equal How are Madison’s concerns about the “equal power of self-defense” reflected in our system of power of self-defense” reflected in our system of checks & balances?checks & balances?

Is Madison a good source of information about the Is Madison a good source of information about the document? Why or why not?document? Why or why not?

Federalist #10 & #51Federalist #10 & #51Summary – The Problem:Summary – The Problem:

Human imperfection creates a danger from majority rule but governments derive their power from the governed.

So how can we design a government that protects liberty, achieves justice, and serves the public good?

Federalist #10 & #51Federalist #10 & #51Summary: The SolutionSummary: The Solution

The new Constitution: Creates a large republic, that dilutes the power

of factions and promotes moderation. Creates a system of checks and balances that

make human weakness an asset: Divide power between states and federal

government. Federalism Separate powers within both governments.

Constitution’s Troubling Constitution’s Troubling Aspects for Anti-Aspects for Anti-

FederalistsFederalists No Bill of RightsNo Bill of Rights Standing army controlled by one manStanding army controlled by one man ““Necessary and proper” clauseNecessary and proper” clause Takes power from the states and creates Takes power from the states and creates

consolidated governmentconsolidated government Document is extralegalDocument is extralegal

Patrick Henry’s SpeechPatrick Henry’s Speech Why was Henry’s objection to the use of the Why was Henry’s objection to the use of the

words, words, We the PeopleWe the People?? In what way did Henry think the convention In what way did Henry think the convention

had overstepped its authority?had overstepped its authority? What did Henry see as the chief danger of the What did Henry see as the chief danger of the

proposed Constitution?proposed Constitution? What did Henry mean when he said states are What did Henry mean when he said states are

the “soul of the Confederation?”the “soul of the Confederation?” Do you agree that it would be easy for a Do you agree that it would be easy for a

President to make himself an absolute ruler? President to make himself an absolute ruler? Explain your answer.Explain your answer.

To Ratify or Not?To Ratify or Not? NC initially voted down the Constitution. NC initially voted down the Constitution.

Now we must decide whether or not to Now we must decide whether or not to ratify the document that has now taken ratify the document that has now taken effect.effect.

11 states have now ratified the 11 states have now ratified the Constitution, including all our neighbors.Constitution, including all our neighbors.

NC has missed the Presidential elections NC has missed the Presidential elections and the 1and the 1stst Congress has now convened now Congress has now convened now for its 2for its 2ndnd session. session.

What to do? Pick a side to debate!What to do? Pick a side to debate!