FEDERALIST 10/51TRANSITIONING TO A REPUBLIC

ARTICLES REVIEW

• POLL EVERYWHERE

• POLL EVERYWHERE PAGE

WHAT’S YOUR FACTION

•TYPE “WHAT’S YOUR FACTION QUIZ”

INTO A SEARCH AND CLICK THE FIRST LINK!

TERMS TO KNOW• FEDERALIST PAPERS: A SERIES OF NEWSPAPER ARTICLES

PRESENTING ARGUMENTS TO PERSUADE PEOPLE TO VOTE FOR THE CONSTITUTION

REPUBLIC – REPRESENTATIVE/INDIRECT DEMOCRACY – CITIZENS ELECT REPRESENTATIVES TO MAKE GOVERNMENTAL DECISIONS

DEMOCRACY – THEY OFTEN MEAN “DIRECT” OR “PURE” DEMOCRACY – ALL CITIZENS PARTICIPATE IN DECISION-MAKING. (WEAKNESSES?)

-TOWN MEETINGS, RECALL, REFERENDUM

FACTIONS – SPECIAL INTERESTS; ANY GROUP THAT TRIES TO DOMINATE THE POLITICAL PROCESS TO SERVE ITS OWN PURPOSES

DIRECTIONS

•WORKING WITH A PARTNER COMPLETE THE QUESTIONS ON FEDERALIST 10 AND 51

•BE PREPARED TO BE CALLED ON TO SHARE YOUR ANSWERS WITH THE CLASS

FEDERALIST #10

•AUTHOR: JAMES MADISON

•PURPOSE: DISCUSSING THE DANGER OF FACTIONS AND THE SOLUTION OF A REPUBLIC

FEDERALIST #10

•WHAT IS A FACTION?

• “BY FACTION, I MEAN A GROUP OF CITIZENS, EITHER A MAJORITY OR MINORITY, UNTIED AND ACTUATED BY SOME COMMON PASSION OR INTEREST ADVERSE TO THE RIGHTS OF OTHER CITIZENS OR TO THE AGGREGATE INTERESTS OF THE COMMUNITY.”

•AKA- A GROUP ORGANIZED AROUND A SPECIAL INTEREST

FEDERALIST #10

• WHAT CAUSED THESE FACTIONS?

• NOT DYSTOPIAN SOCIAL EXPERIMENT… BUT RATHER UNEQUAL DISTRIBUTION OF PROPERTY

• NOTE: DIVERSITY IS GOOD! “ABILITIES” SHOULD BE CELEBRATED AND PROTECTED, BUT THEY CAN BE DANGEROUS

• FURTHERED BY HUMAN NATURE AND SELF-INTEREST

• THERE CAN BE NO FAIR LAWS IF EVERYONE IS MOTIVATED BY SELF-INTEREST

FEDERALIST #10

•DANGER!!!

• FACTIONS CAN BE MAJORITY OR MINORITY

•MINORITY FACTIONS CAN EASILY BE CONTROLLED BY THE MAJORITY

•BUT MAJORITY FACTIONS ARE DIFFICULT TO CONTROL AND THAT’S WHERE MADISON STEPS IN WITH A PLAN

FEDERALIST #10

•2 WAYS TO REMEDY FACTIONS:

•1. CONTROL THE CAUSES

•2. CONTROL THE EFFECTS

FEDERALIST #10-CONTROL CAUSES

•NOW THERE ARE 2 WAYS TO CONTROL THE CAUSES

•1. DESTROY FREEDOM

• “THE FIRST REMEDY IS FAR WORSE THAN THE DISEASE. LIBERTY IS TO FACTION WHAT AIR IS TO FIRE.”

•2. EQUAL PASSIONS-IMPOSSIBLE!

FEDERALIST #10-CONTROL EFFECTS

•ONLY WAY TO REMEDY FACTIONS

•MORE CHOICES!

•DEMOCRACY OR REPUBLIC

• FEAR OF MAJORITY FACTIONS TELLS US THAT A REPUBLIC IS BEST

FEDERALIST #10

•TIME TO CHOOSE AGAIN

•SMALL OR LARGE REPUBLIC?

•MADISON SAYS LARGE IS BETTER!

• PROVIDES FOR MORE DIVERSITY AND OPTIONS FOR BETTER LEADERS. LESS CHANCE OF A MAJORITY FACTION

TAKE AWAYS FROM FEDERALIST #10• FACTIONS ARE UNAVOIDABLE, BUT DANGEROUS

•MAJORITY FACTIONS ARE MORE DANGEROUS AND MINORITIES MUST BE PROTECTED

• TWO WAYS TO DESTROY FACTIONS ARE TO DESTROY LIBERTY OR MAKE EVERYONE SHARE THE SAME INTERESTS

•DESTROYING FACTIONS WON’T WORK, SO A REPUBLIC IS YOUR BEST ANSWER

• THE BIGGER THE REPUBLIC, THE BETTER

DO NOW

1.WHY DID MADISON SAY THAT WE CANNOT DESTROY THE CAUSES OF FACTIONS?

2.WHY DID MADISON THINK THAT A REPUBLIC WAS THE BEST FORM OF GOVERNMENT?

Answer these questions on a piece of Paper. Keep the paper until the end of class

HOW SHOULD THAT REPUBLIC BE SET UP

• THE SECOND MOST FAMOUS FEDERALIST PAPER WILL ANSWER THIS QUESTION: FEDERALIST #51 (ALSO BY MADISON)

FEDERALIST #51

• PURPOSE: DISCUSS THE SEPARATION OF POWERS AND FEDERALISM

FEDERALIST #51

•WE WANT OUR LIBERTY!!!!

•MADISON’S MAIN ARGUMENT IS ABOUT THE SEPARATION OF POWERS

FEDERALIST #51

•THE POWER OF THE GOVERNMENT IS SPLIT BETWEEN THE EXECUTIVE, JUDICIAL, LEGISLATIVE BRANCHES

•LEGISLATIVE IS THE MOST POWERFUL…SO BREAK IT UP AGAIN

•HOUSE OF REPRESENTATIVES

•SENATE

FEDERALIST #51

• EACH OF THESE BRANCHES STILL SHOULD NOT HAVE TOO MUCH POWER…

•DISCUSSES A SYSTEM OF CHECKS AND BALANCES

FEDERALIST #51

• THE MEMBERS OF THESE BRANCHES (BEING STILL DRIVEN BY SELF –INTEREST) SHOULD NOT APPOINT EACH OTHER

•BRINGS IN IDEA OF POPULAR SOVEREIGNTY-POWER WITH THE PEOPLE TO CHOOSE THEIR REPRESENTATIVES AND LEADERS (EXCEPT FOR THE JUDICIARY-THEY NEED TO BE VERY QUALIFIED)

FEDERALIST #51

•FACTIONS AGAIN! THE MINORITY MUST BE PROTECTED

FEDERALIST #51

• “THE SECOND METHOD WILL BE EXEMPLIFIED IN THE FEDERAL REPUBLIC OF THE UNITED STATES. ALL AUTHORITY WILL BE DERIVED FROM AND DEPENDENT ON THE SOCIETY. THE SOCIETY ITSELF WILL BE BROKEN INTO SO MANY PARTS, INTERESTS, AND CLASSES OF CITIZENS THAT THE RIGHTS OF INDIVIDUALS, OR OF THE MINORITY, WILL BE IN LITTLE DANGER FROM INTERESTED COMBINATIONS OF THE MAJORITY.”

FEDERALIST #51

•IN CASE ANYONE WAS STILL WORRIED ABOUT THEIR LIBERTIES VS. THE CENTRALIZED GOVERNMENT, THE GOVERNMENT ITSELF IS DIVIDED BETWEEN THE STATE AND THE NATIONAL (OR FEDERAL) GOVERNMENT

•THIS IS CALLED FEDERALISM

FEDERALIST #51- SUMMARY

•SEPARATION OF POWERS BETWEEN THE THREE BRANCHES

•CHECK AND BALANCES ON THE BRANCHES

•POPULAR SOVEREIGNTY TO AVOID CORRUPTION

•FEDERALISM

FEDERAL

STATE

Judiciary

Executive

LegislativeSenate House of Reps

“IF MEN WERE ANGELS, NO GOVERNMENT WOULD BE NECESSARY”

“YOU MUST FIRST ENABLE THE GOVERNMENT TO CONTROL THE GOVERNED; AND IN THE NEXT PLACE OBLIGE IT TO CONTROL ITSELF”

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.

A DEPENDENCE ON THE PEOPLE IS, NO DOUBT, THE PRIMARY CONTROL ON THE GOVERNMENT; BUT EXPERIENCE HAS TAUGHT MANKIND THE NECESSITY OF AUXILIARY PRECAUTIONS.

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.