Constiutional Concrete II

Iii james madisons answer to them came in the form of

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iii. James Madison’s answer to them came in the form of Federalist papers 10 and 51, in which he argued that the checks and balances would help and that liberty was safest in large republics, in which anyone could have support, even rebels who went against the norm. a. To rule, different interests must come together and form a coalition , or an alliance. 4
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b. In large republics, coalitions would be more moderate because more interests would be represented by them, as opposed to the opposite in small republics. 4. Basically, Madison was arguing that if people could be corrupted by office, they could also be corrupted by factional self-interests, and that was a radical argument in 1787. i. Yet, this argument won, mostly because most people believed that there would have to be a strong argument if the United States was to survive foreign attacks, facilitate trade among the states, and keep one faction from oppressing another. 5. Perhaps the framers of the Constitution didn’t add a bill of rights because there were already numerous protections of liberty included in the Constitution: i. Writ of habeas corpus (meaning you can’t hold a person in jail without a reason) could not be suspended except in invasion or rebellion. ii. No bill of attainder (declaring a person guilty without trying him in a trial) could be passed by Congress or the states. iii. No ex post facto law (arresting someone for breaking a new law a month that wasn’t law a month ago) could be passed by Congress or the states. iv. Right by trial by jury in criminal cases was guaranteed. v. The citizens of each state were entitled to the privileges and immunities of the citizens of every other state. vi. No religious test or qualification for holding federal office could be imposed. vii. No law impairing the obligation of contracts could be passed by states. 6. Most states already had bills of rights anyway, and the framers thought that they were creating a government with specific, limited powers that could do ONLY what the Constitution said it could do and NOTHING ELSE. 7. In any case, it soon became clear that a bill of rights was needed; many states approved the Constitution only after a bill of rights was promised, and even then, they passed it after much debate. 8. On June 21, 1788, New Hampshire, the ninth state, approved the Constitution, and it was made legal. 9. James Madison finally introduced a set of proposals, mostly based on the Virginia bill of rights, to Congress, which passed twelve of them; ten of those twelve were passed by the states and went into effect as the first ten amendments, or the Bill of Rights , in 1791. 10. Interestingly, nowhere in the Constitution did the words “slave” or “slavery” appear, and Congress was even forbidden to ban slave importation until the year 1808. i. This hypocritically broke with the Declaration of Independence’s “all men are created equal.” ii. Actually, there was some effort made into eliminating slavery in the Constitution, but the Framers decided that this would undoubtedly cause the southern states to reject the Constitution, so they let the issue remain undecided until the nation could be strong enough to deal with slavery when the issue could no longer be postponed.
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