First Exam Study - First Exam Study Federalist Number 10...

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First Exam Study Federalist Number 10 Madison Strongest argument for Constitution is that the government will be able to control factions Factions work against the public, tyrannical majority As long as men have different opinions, there will be factions Control a faction by removing causes (destroying liberty) or controlling effects The size/differences in the United States was the best guard of justice Federalist Number 51 Madison Help readers relate structure of proposed government to preservation of liberty Security against concentration of power is to make concentration difficult Government must control people and control itself Concerned about tyranny of majority, solution was checks and balances Articles of Confederation “firm league of friendship” Congress limited powers: declare war but request troops, no direct tax but voluntary contributions, coin money but states could as well, tariffs but states could as well, sates had trade barriers, all states equal number of legislatures, national laws were mere recommendations No executive, judiciary by state Amendments by 100% approval Shay’s Rebellion, Foreign country threats Resulted in Constitutional convention Connecticut Compromise Compromise between Virginia and New Jersey plans, big and small states Connecticut was the only state that would offer such an initiative because they were a medium size state and therefore were not that affected Resulted in bicameral congress with senate equal representation and House by population Necessary and proper clause Congress has the power to “make all laws which shall be necessary and proper for carrying into Execution” its other powers Ambiguous, left up to interpretation First proposed in New Jersey Plan Compromise between statutory and ideal constitution Supremacy Clause Const is the “Supreme Law of the land” to which all judges are bound
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Judicial review not explicitly granted and not confirmed until Marbury v Madison Preserved the idea of dual sovereignty but restricted insured that states would not have
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This note was uploaded on 03/27/2008 for the course GOV 310L taught by Professor Kieth during the Spring '07 term at University of Texas.

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First Exam Study - First Exam Study Federalist Number 10...

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