Important Documents and Cases.pdf - 3 Important Documents and Cases Federalist No 10 \u2794 Written by James Madison outlining the reasons for ratification

Important Documents and Cases.pdf - 3 Important Documents...

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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
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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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