Federalists vs. Anti-federalists

1. 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?

2. 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.

3. 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

4. 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 form • coalition formed in large republic are more moderate • Liberty is threatened more by public passions and popular factions than by strong government

5. 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.”

6. Anti-federalists • small republic is best • People are animated by a concern for public good • strong national government would be distant from the people

7. Madison, Federal #51 • Is a large republic enough to prevent tyranny of the majority?

8. 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.

9. 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 interprets • BUT Separation is not enough.

10. 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

11. Different Bases of Support • House of Representatives= only directly elected officials; every two years • Senate= every six years; are selected by State legislatures until 1913 • President= selected by electoral college; state legislatures; no popular vote • Judiciary= appointed by President, confirmed by Senate. Life-time appointment

12. Checks and Balances • Federalist #51 • President • Congress- veto, propose, appeal to people, enforce laws • Courts- appoint justices, enforce law

13. Checks and Balances • Congress – “necessarily predominates” • Raise taxes, pass legislation • Impeach president and judges • determine number and jurisdiction of courts, • Senate confirms judges • House and Senate • Courts- “least dangerous branch” • can declare executive actions and laws unconstitutional.

14. Comparison with UK • Prime minister chosen by majority party. • No judicial review • control and responsibility concentrated in legislature • Same electoral base • No checks and balances

15. Consequences • GRIDLOCK! • difficult to act unless there is overwhelming sustained consensus about course of action. • 1994 GOP Revolution • Losers-- Efficiency and accountability

16. 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

17. Separation of Powers • Limit the power of government • Limit democratic majoritarianism (aka Tyranny of the Majority) • Policy should not reflect majority public opinion

18. 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

19. Interpreting the Constitution • Beard • Evidence • Conclusion • Roche • Evidence • Conclusion • Diamond • Evidence • Conclusion

21. Assessing the Framers • Beard-- Elite Conspiracy • Federalists all wealthy planters and merchants trying to get rich • Roche-- Sound Politicians • political expediency is the driving principle • Electoral college • Diamond -- Brilliant Political Theorists • How to prevent tyranny of the majority

24. Pluribus to Unum

25. Why is America Democratic?