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Locked-Federalist Papers
and then Fer gives the tern to my boyfriend !
Hamilton, Madison, and Jay - Federalist Papers (1, 6, 9-10, 15, 23, 28, 37-40, 48-51, 54, 68, 70, 72, 78)
Author’s Notes/Introduction
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Federalist #1
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- One of the biggest obstacles to the Constitution are men of ambition and conservative men afraid of change.
- Admits that the men who advocate truth may not be motivated by purer intentions than their opposites.
Federalist #6
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- States that are divided or partially united will fight with each other frequently, because men are ‘ambitious, vindictive, and rapacious.’
- The causes for hostilities are numerous: love of power, women, etc. The personal considerations of powerful individuals often leads to ‘great national events’, this is most recently seen in SHAY’S rebellion.
- Even economic interest will not be enough; yet this assume countries are ruled more by common sense and reason than passion, which history proves is not the case.
- To sum up, having separate states or partially united states is bad because they will fight all the time, especially because they are physically close; only when they are united under a confederate republic and the constitution minimizes infighting will there be stability.
Federalist #9
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- A confederacy suppresses faction and guards tranquility, problems which have previously plagued free governments (see Rome and Greece).
- States may be united into a confederate republic, where outwardly they will have the power of a large nation, and inwardly enjoy the harmony that only small state-size can achieve – the combination of states will keep arrogant states in check, etc.
- The confederation will work because it makes each state government a direct participant in the federal government.
Federalist #10
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- One of the two most important Federalist papers. There are two ways to remove faction: to destroy the liberty which creates it, or to make every citizen the same. None of this is possible, of course.
- “Liberty is to faction what air is to fire.” Men are by nature of different ability, even though they have equal rights – therefore, faction will always exist. The greatest cause of faction is unequal distribution of property.
- We can only control the effects of factions.
- Democracies are always susceptible to factions; republics are not. Republics will ‘refine and enlarge’ public views through the use of representatives, who will be better informed than the public to make decisions.
- Large numbers of representatives (but not too many) are better because:
- Prevents oligarchy
- Presents more views.
- Some more advantages of a large republic:
- A greater number of people ensures that only qualified people will be selected since they will have to appeal to a larger number of (hopefully competent) citizens
- With a greater number of citizens, you will have a greater number of interests, and insurance that a majority faction will be very hard to form due to the number of people it must convince.
Federalist #15
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- Why the Articles of Confederation are very very bad.
- Treaties between independent nations will not work if all that obligates them is good faith. Again, independent nations always act in their own self interest; when you make the object of their self interest the national interest.
Federalist #23
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- Basically, you should entrust the Federal Government with defense because they know the most and thus are best disposed to act, that a strong and capable Federal Government will make people feel safe about placing their trust in it. Furthermore, you should give it unlimited power, because we never know how powerful threats in the future may be.
Federalist #28
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- Armies are necessary in addition to militias to put down insurrections, since militias are often not enough.
- A large republic is better than a small republic at combating the government because there are more people to do so. Also, state governments will combat usurpations by the national government, and vice versa; the people can side with either one, and that is regulates the military.
Federalist #37-40
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- You should probably go to http://www.sparknotes.com/history/american/federalist/section7.rhtml as they have a nicer summary than I could ever manage up.
Federalist #48
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- The legislative branch is the most dangerous branch due to its being defined in a wishy-washy nature; it can create whatever bills it wants, etc.
- We cannot depend only upon constitutional limits of the departments, because they will ignore them for their own self interest; we need some other way of separating them.
Federalist #49
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- People are the only legitimate source of power.
- Defects in the constitution should not be addressed to the people, since they are ruled more by passion than they are by reason, since doing so will cause the people to lose faith in the government, since they will probably not solve the problem anyway.
Federalist #50
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- We cannot have periodical revisions of the Constitution by the people either; it falls into the same traps. And neither can we exclude from revising the Constitution the same people who might corrupt it (as they did at the Pennsylvania Council), since the task would simply fall into lesser hands.
==Federalist #51
- We must use the different branches of the government to keep each other in place; setting faction against faction, ambition against ambition, etc.
- The branches need to be independent; we do this by giving each branch different types of election, different principles of action, etc. The branches will not only control themselves, but they will control each other as well; and give each branch the means to resist control as well.
- The division of power between federal and state and state and local provides further protection for the people, because all these different branches will keep each other in check.
- Again, the size of the US will keep individual groups safe, since it will be hard to get a majority against any one minority.
Federalist #54
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- Slaves, as far as the government is concerned, are considered property, not people.
- Government is instituted for protection of property as well as people.
- People with lots of property wield lots of political influence; this is how property is represented in the government.
Federalist #68
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- Justification of electoral college. A small group of people elected by the people will be more likely to possess the skill to choose a good president than the people themselves.
- By making the executive’s reelection dependent on the people (or representatives of the people) it ensures the executive(president) won’t slime his way into reelection (hah yeah right).
- Because each candidate must satisfy the needs of the whole country (which will be large) the candidates will tend to be men of virtue.
Federalist #70
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- A strong government requires a strong executive; strong executives make for strong execution of the government, etc.
- Ingredients for a good president: unity, duration, adequate provision for support, competent powers.
- How do we protect ourselves from a strong president? By making him depend on the people, and by making him duly responsible.
- Having more than one president, history tells us, is very bad – one can’t have fast execution when the executors don’t agree on what they’re executing.
- Plurality is good in the legislature because it promotes discussion and refines ideas, not applicable to the executive branch tho.
Federalist #72
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- We shouldn’t set limits on term time because of lame ducks; it reduces incentive for the president to do well.
- Limiting term time would tempt them to use their available time to embezzle as much as they could; in short, they would be reluctant to give away their power.
- Term times deprive us of the experience of presidents when they leave office.
- Capable men might be banished from their position in times of crises, robbing us of their leadership.
- Term time limits also introduce a precedent of constitutional-backed break-up of stability in the government.
- The advantages are: greater independence of the president, greater security to the people. The first is poo, because the president may still sacrifice his independence; the second is pooh too because men who are loathe to leave power will do more harm to the people than good because they will continue to try to stay in power at the expense of the people. (my apologies)
Federalist #78
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- Judges will hold office as long as they exhibit good behavior.
- Judiciary only possess judgment; doesn’t possess force or will like the other two branches do. They depend on the executive to carry out their wishes.
- This is nccessary though; the judiciary must be separate from the legislative/executive if it is to judge correctly.
- Yet if the judiciary can render legislation void, it must be superior to the legislature right? No, because it will only render it void if it’s against the constitution; and anything the legislature makes that is against the constitution is void by itself, not because the judiciary branch said so.