1. Republican Government and Society: The Federalist Papers and the Federal Government

2. Influences on the Proposed Federal Government British Constitutional Monarchy. The British government was much admired by 18 th century observers for being a “mixed” government. –How was this regime “mixed?” What was the perceived advantage? –In what key respect did this constitution differ from all American (and almost all subsequent) constitutions? Montesquieu. Charles de Secondat, baron de Montesquieu, was a noted 18 th century French commentator and political theorist. He celebrated the mixed nature of the British system. –Montesquieu was also a proponent of the separation of powers—what does this mean? John Adams. In Thoughts on Government (1776), Adams took the views of Montesquieu and classical authors, synthesized them with his own experience, and set about taking the best features of the British constitution and making them work in American society. –Why did Adams feel the British system had to be drastically modified to have the same results in America?

3. Which of these state constitutions would the delegates at Philadelphia prefer, and why? Pennsylvania Constitution (1776) Unicameral legislature Executive Council (no governor) State President elected by Council and Legislature, with no independent power Annual election of legislators Judiciary controlled by legislature Influenced by Enlightenment thinkers like Rousseau, who disliked representative government and put their faith in the people. Massachusetts Constitution (1780) Bicameral legislature, with each house checking the powers of the other Annually elected governor, with power to appoint state officials Provisions to keep executive from ever being under the control of the legislature Independent judiciary Bill of rights Drafted by John Adams

4. Federalist 37 In this essay, Madison begins the task of describing the features and aspects of the proposed constitution. Before doing so, however, he also asks his readers to examine the features of this new system of government with moderation— once again, to approach objectivity as closely as possible. –Does Madison feel that the most vocal Anti-Federalists have done this? –Why does he feel that moderation and objectivity are vital when deciding whether to support the proposed constitution?

6. Federalist 39 Federalist 39 is an examination of two questions designed to illustrate the difficulties mentioned by Publius in Federalist 37; those caused by ambiguities of language. The two questions are: –Does the proposed constitution establish a republican government? –Does it establish a federal system? Madison quickly disposes of the possibility that the Constitution will not establish a republic or federal system, and turns to describing what kind of federal system will be established. –Why does Madison feel that this is necessary? –What does he decide—how does he characterize this system?

7. Federalist 45 and 46 These essays look at the relation between the federal and state governments in the proposed constitution. –What does Publius (Madison) have to say about those who object to a more powerful national government? –Does he believe that the national government is likely to overwhelm the state governments at all? Why? –What almost insurmountable obstacle would a national government have to overcome to pose a threat to the state governments? –According to Madison, how could a state deal with a federal measure (law) considered unjust by its inhabitants? Why does he think this response would work quickly and relatively painlessly? –Even if the federal government did attempt to use military force to subjugate a state, Madison argues that the effort would be doomed to failure. Why?

9. Federalist 47 and 48 In these essays, Madison turns to the issue of the proposed constitution and the separation of powers. –What does Madison consider to be a valid criticism of the new system of government? –How does he answer this objection? In Federalist 48, Publius argues that in any case, the legislative branch is the most powerful (and thus the most potentially dangerous) branch of government. –Why?

10. Federalist 49 and 50 Federalist 49 and 50 comprise an examination into the proper amount of popular participation in modifying a constitution, based on Thomas Jefferson’s proposal that controversies in state constitutions be resolved in that manner. –How enthusiastic is Publius (Madison) about this course of action? –What are the reasons he puts forth for this conclusion? –Does Madison feel that fixed, periodical constitutional conventions are a good idea? –What does this seem to indicate about his confidence in the people?

11. Federalist 51 This essay is an attempt to show how the new constitution will make the separation of powers and the doctrine of checks and balances work in practice, rather than simply in theory. Madison’s answer: harness human nature and self-interest, and use them to keep the branches of government independent and jealous of their prerogatives. –What does Madison have to say about government and human nature? “In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first oblige the government to control the governed; and in the next place, to control itself.” –Which branch of government is most powerful, and what check does the Constitution provide on this? –How will this system help to secure the rights of the people? –Madison considers “the tyranny of the majority” a very real danger. Does the proposed federal system safeguard against it, and, if so, how?

12. Next Class Read: Federalist 141-229 Topic: The Federalist Papers III: Ordered Liberty?