3 Important Documents and Cases Federalist No. 10 ➔ Written by James Madison outlining the reasons for ratification of the Constitution ➔ Centered on the “tyranny of the majority” and said that factions were inevitable and a republic could counter their factions This federal system would keep faction form ➔ ed in the states from taking control of the national government ➔ Factions - majority/minority that is united and motivated by an interests/passion that conflicts with other citizens’ rights or community interests ➔ Curing factions → remove its causes or control its effects ◆ Elimination factions → destroy liberties or give everyone same opinions/passions/ interests (both impossible) ➔ Remedy for controlling effects → large republic (through elected representatives), the principle of majority rule (republican principle) - allows the majority to vote against it ➔ Federalism control factions → board interests are referred to the nation, local and particular interests → state legislatures ➔ Large republic → vast competition among factions, more easily controlled Brutus No. 1 ➔ Written by opponents of the Constitution arguing that new constitution gives way too much power and the country is too large to be managed this way ➔ The supremacy and necessary & proper clause will give the federal government too much power and instead they need a direct participatory form of government ➔ The gov’t will take too much power from the states ➔ Power to tax, create a standing army → could become tyrannical ➔ Once ppl give up power, they cannot take it back ➔ Representatives won’t be able to reflect all groups Declaration of Independence ➔ Ideas taken from Locke, Rousseau, and Montesquieu ➔ Locke’s principles include natural rights, life, liberty, property, and the consent of the governed ➔ Offers a new philosophy of government that includes “unalienable rights” that leads to a limited government ➔ Creates a rationale for breaking away from England in a series of grievances ➔ Balance btwn gov’t and individual rights
Articles of Confederation ➔ States governments were stronger than central government, no chief executive (feared tyrant), one house had the power to declare war but could not collect money, one state one vote - limited gov’t ➔ Was really insufficient because no money could be collected and each state had their own system of government ➔ Shay’s Rebellion highlighted the errors of the articles ➔ Weaknesses: ◆ Congress cannot regulate commerce, tax people, lack power to enforce laws/foreign treaties(with the states), states can enter their own treaties, no drafting soldiers, 9/13 for ratifications, no permanent executive/judicial branch, can’t issue money, can’t enforce powers/laws ➔ Congressional Powers: ◆ Borrow money, settle disputes on state petition, enter into treaties and alliances, establish/control armed forces, declare war, make peace, create postal system, admiralty courts, gov departments, and regulate Indian affairs, regulate coinage Constitution ➔ Separation of powers for each branch of government, a
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- Fall '19
- Supreme Court of the United States, Fourteenth Amendment to the United States Constitution, United States Bill of Rights