Federalists vs. Anti-federalists

Madison (#10) v. Brutus

Is democracy best served in large or small republics?

Who is likely to be elected?

What is the greatest danger to democracy?

Madison, Federalist #10

Faction: "A number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." Inherent characteristic of people.

Madison- Federalist 10

Latent causes of faction are thus sown in the nature of man. “the most common and durable source of faction has been the various and unequal distribution of property” p. 18 Pure democracy has no cure for the mischiefs of faction Incompatible with personal security or the rights of property. P. 20

Madison’s Solution

Republican government to refine and enlarge the public views Liberty is safest in large (extended) republics many opinions and interests in large republic makes it harder for a tyrannical majority to formcoalition formed in large republic are more moderate Liberty is threatened more by public passions and popular factions than by strong government

Brutus’s Reply

In a republic, the manners, sentiments, and interest of the persons should be similar (or else) constant clashing of opinions In a large republic “the people would be acquainted with very few of their rules, the people at large would know little of their proceedings, and it would be extremely difficult to change them. The consequence will be, they will have no confidence in their legislature, suspect them of ambitious views, be jealous of every measure they adopt, and will not support the laws they pass.”

Anti-federalists

small republic is best

People are animated by a concern for public good

strong national government would be distant from the people

Madison, Federal #51

Is a large republic enough to prevent tyranny of the majority?

Federalist #51, Madison

Ambition must be made to counteract ambition. If men were angels, no govt would be necessary. If angels were to govern men, neither external nor internal controls on govt would be necessary In framing a govt which is to be administered by men over men, the great difficulty lies in this: you must first enable the govt to control the governed; and in the next place oblige it to control itself.

Separation of Powers

Madison- accumulation of all powers, legislative, executive, and judiciary in the same hands, may justly be pronounced the very definition of tyranny. Legislature makes laws, executive administers, and judiciary interpretsBUT Separation is not enough.

Checks and Balances

#51, Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others

Different Bases of Support

House of Representatives= only directly elected officials; every two yearsSenate= every six years; are selected by State legislatures until 1913President= selected by electoral college; state legislatures; no popular voteJudiciary= appointed by President, confirmed by Senate. Life-time appointment

Checks and Balances

Federalist #51President

Congress- veto, propose, appeal to people, enforce lawsCourts- appoint justices, enforce law

Checks and Balances

Congress – “necessarily predominates”Raise taxes, pass legislation

Impeach president and judges

determine number and jurisdiction of courts, Senate confirms judgesHouse and Senate

Courts- “least dangerous branch”can declare executive actions and laws unconstitutional.

Comparison with UK

Prime minister chosen by majority party. No judicial review control and responsibility concentrated in legislatureSame electoral baseNo checks and balances

Consequences

GRIDLOCK!difficult to act unless there is overwhelming sustained consensus about course of action. 1994 GOP RevolutionLosers-- Efficiency and accountability

Continuing Battle over CnB the War Power

Article I. Congress can “declare war”

Article II. President- commander in chief

How many declared wars?

Role of Courts

Separation of Powers

Limit the power of government

Limit democratic majoritarianism (aka Tyranny of the Majority)

Policy should not reflect majority public opinion

New Republicanism

OLD- positive political engagement – civic virtue and small republics that required some degree of equality

NEW- negative limitations on government – the balance of interest based on the “invisible hand” of self-interest and on the equality of opportunity

Interpreting the Constitution

BeardEvidenceConclusion

RocheEvidenceConclusion

DiamondEvidenceConclusion

Assessing the Framers

Beard-- Elite ConspiracyFederalists all wealthy planters and merchants trying to get rich

Roche-- Sound Politicianspolitical expediency is the driving principle Electoral college

Diamond -- Brilliant Political TheoristsHow to prevent tyranny of the majority

Pluribus to Unum

Why is America Democratic?