The Federalist Papers

Transcription

1 Questions What did the Federalists believe in? Name two important Federalist leaders. Why did they write the Federalist Papers? What were the Federalist Papers?

2 The Federalist Papers Written from Series of 85 essays explaining the principles and structure of the Constitution, to gain support Written under the pseudonym of Publius John Jay Alexander Hamilton James Madison

3 Federalist Paper #10 Objective Student will be able to describe the systems of separated and shared powers and the role of organized interests described in Federalist Paper Number 10.

4 Federalist Paper #10 We have a compound republic where power flows from the people to the national and state government. The Federal System The supremacy clause states the Federal law is supreme to State and local law. FEDERAL STATE LOCAL

5 Choose 3 powers for each & fill in your diagram

6 THINK The United States has a republic where power flows from the to the &.

7 Federalist Paper #10 Faction (political party or group) Causes of Faction Religion Political Opinion Ambition Problem for modern governments: How to regulate (control) factions so that they do not infringe on rights of others How to protect factions from each other and prevent one from becoming dominant politically

8 Federalist Paper #10 Curing the problems caused by factions Remove the causes (2 possible ways) 1. By destroying individual liberty (Worse than problems) 2. By everyone s thinking the same way, feeling the same things, and wanting and acting to gain the same advantage (improbable)

9 Federalist Paper #10 Argued for a Representative Democracy Representative Democracy is based on the 2 major principles of: Separation of powers Federalism (ex. State and federal govt. both can tax and establish courts)

10 THINK What is one of the problems with factions? One of the problems that modern governments have with factions is. What is an example of a modern faction? An example of a modern faction would be.

11 Separation of Powers

12 The Legislative Branch House of Representatives Senate floor Senate floor Senate Hearings

13 The Executive Branch

14 The Judicial Branch [ Judicial Review ]

15 Federalist Paper #10 that our governments (in the world) are too unstable, that the public good is disregarded in the conflicts of rival parties, and the measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority. Summarize in your own words

16 Federalist Paper #10 Summary Most countries in the world are unstable. Most groups are concerned more with what could benefit their group rather than what is best for the entire society. The majority has so much influence that often the rights of the minor party is disregarded.

17 Summarize the following quote; Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other.

18 THINK Madison believed that a system of checks and balances was needed to protect selfinterests from grabbing power. Do you agree or disagree? What idea from Federalist #10 do you agree with the most? What do you disagree with? Explain your answers.

19 Federalist Paper #51 Objective: Students will be able to describe checks and balances (Federalist Paper Number 51),

20 FEDERALIST PAPER #51 The Need for Separation of Powers Each branch of government should have a will of its own. In order for the government to survive, its structure must be such that: It has the power to control the citizenry It must control itself. Unbridled power, by individuals or by government itself, is to be feared.

21 FEDERALIST PAPER #51 At both the national and state level power is given to each of 3 branches: executive, legislative, and judicial. Each department is to act as a check on the others.

22 Film Clip: Checks & Balances

23 Executive Legislative Checks On the Executive * Can override President s veto * Can impeach and remove President Legislative Checks On the * Confirms executive appointments * Approves appointments of federal judges * Ratifies treaties * Appropriates money * Create lower federal courts * Can impeach and remove judges Judicial * Can propose amendments to overrule judicial decisions Legislative Judicial

24 * Can propose laws Executive * Can veto laws Checks * Makes appointments On the * Appeal to the people Legislative * Can call special sessions of Congress Legislative Executive Executive Checks * Appoints federal judges On the Judicial Both Supreme Court Justices, and federal judges Judicial

25 Executive Judicial Checks on the Executive Branch * Can declare Executive actions unconstitutional Legislative * Can declare acts of Congress unconstitutional Judicial Checks on Judicial the Legislative Branch

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27 THINK Explain how separated powers and checks and balances protects individual rights and at the same time protects public good.

28 The Addition of the Bill of Rights The Anti-Federalists argued for the addition of the Bill of Rights It will be added in 1891 two years after the Constitution was ratified A Bill of Rights protects against tyranny of the majority Bill of Rights limits the powers of the federal government and state governments.

29 Film Clip: The Bill of Rights

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32 NOTES/THINK: Answer the following questions: 1. How does Madison argue that the strong central government established by the Constitution assures the preservation of liberty? How does the organization of the branches of government reflect Madison s view of human nature? 2. What is Madison s concern regarding the rights of the minority in the U.S.? How does he predict that the nature and composition of the American republic will prevent the rights of the minority from being threatened?

33 Federalist Paper #78 Objective: Students will be able to describe the importance of an independent judiciary (Federalist Paper Number 78)

34 THINK Why do you think the framers of the Constitution created a separate Judicial Branch? In other words, why is the judiciary not included in either the Legislative or Executive Branches?

35 FEDERALIST PAPER #78 According to the plan of convention, all judges who may be appointed by the United States are to hold their offices during good behavior. Write down why you think they serve for life The judiciary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of society; and can take no action resolution whatsoever. The Supreme Court can only REACT to cases presented to it.

36 FEDERALIST PAPER #78 The interpretation of the laws is the proper and peculiar province of the courts. Chief justice John Marshall uses virtually the same language in Marbury v. Madison to declare the doctrine of judicial review. Judicial Review- The Supreme Court reviews all laws and executive actions to make sure they abide by the Constitution. The constitution as the Supreme law of the land should take precedence over any subsequent law (supremacy clause), just as the will of the people ought to take precedence over the will of any elected representative.

37 In Other Words The Supreme Court interprets the laws and reviews the actions of the executive branch. It is the job of the Supreme Court to make sure that the actions of the President abide by the constitution (that he is following the constitution).

38 Wrap-Up Why do you think the framers of the Constitution created a separate Judicial Branch? In other words, why is the judiciary not included in either the Legislative or Executive Branches?

39 An Independent Judiciary The Framers established an independent judiciary because they realized the judges would sometimes have to make difficult decision that the law requires but that are unpopular with a majority of the citizenry. Without the protections afforded to the judiciary by the Constitution, the federal courts may not have been able to issue decisions in the following cases that have had a dramatic impact on American life and law.

40 Brown v. Board of Education (1954) In Plessy v. Ferguson (1896), the Supreme Court sanctioned segregation by upholding the doctrine of separate but equal. The NAACP disagreed with this ruling, challenging the constitutionality of segregation in the Topeka, Kansas school system. In 1954, the court unanimously reversed its Plessy decision, declaring that separate schools are inherently unequal.

41 Brown v. Board of Education (1954) This case demonstrates how judicial independence was necessary to protect the civil rights of all citizens. Due to the support of discriminatory laws in certain parts of the country, African-American citizens could not always turn to the elected branches of government to protect their constitutional rights. Instead, they turned to the federal courts. Being above politics and not directly susceptible to public opinion, the Courts were able to provide these citizens with the relief the Constitution demanded.

42 Summary of Case The NAACP disagreed with the Plessy v. Ferguson ruling & challenged the constitutionality of segregation in the Topeka, Kansas school. In 1954 the Court overruled the Plessy decision and declared that separate schools are inherently unequal.

43 Reasons given for a need for an independent judiciary This case demonstrates how important it is to have an independent Judicial system to protect the civil rights of all citizens. The Courts are above politics and not susceptible to public opinion, giving them the freedom to provide citizens with their constitutional rights.