1. Federalists vs. Anti-federalists
Madison (#10) v. Brutus
Is democracy best served in large or small republics?
Who is likely to be elected?
What is the greatest danger to democracy?

2. Madison, Federalist #10
Faction: "A number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." Inherent characteristic of people.

3. Madison- Federalist 10
Latent causes of faction are thus sown in the nature of man.
“the most common and durable source of faction has been the various and unequal distribution of property” p. 18
Pure democracy has no cure for the mischiefs of faction
Incompatible with personal security or the rights of property. P. 20

4. Madison’s Solution
Republican government to refine and enlarge the public views
Liberty is safest in large (extended) republics
many opinions and interests in large republic makes it harder for a tyrannical majority to form
coalition formed in large republic are more moderate
Liberty is threatened more by public passions and popular factions than by strong government

5. Brutus’s Reply
In a republic, the manners, sentiments, and interest of the persons should be similar (or else) constant clashing of opinions
In a large republic “the people would be acquainted with very few of their rules, the people at large would know little of their proceedings, and it would be extremely difficult to change them. The consequence will be, they will have no confidence in their legislature, suspect them of ambitious views, be jealous of every measure they adopt, and will not support the laws they pass.”

6. Anti-federalists small republic is best
People are animated by a concern for public good
strong national government would be distant from the people

7. Madison, Federal #51
Is a large republic enough to prevent tyranny of the majority?

8. Federalist #51, Madison
Ambition must be made to counteract ambition. If men were angels, no govt would be necessary. If angels were to govern men, neither external nor internal controls on govt would be necessary
In framing a govt which is to be administered by men over men, the great difficulty lies in this: you must first enable the govt to control the governed; and in the next place oblige it to control itself.

9. Separation of Powers
Madison- accumulation of all powers, legislative, executive, and judiciary in the same hands, may justly be pronounced the very definition of tyranny.
Legislature makes laws, executive administers, and judiciary interprets
BUT Separation is not enough.

10. Checks and Balances
#51, Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.
giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others

11. Different Bases of Support
House of Representatives= only directly elected officials; every two years
Senate= every six years; are selected by State legislatures until 1913
President= selected by electoral college; state legislatures; no popular vote
Judiciary= appointed by President, confirmed by Senate. Life-time appointment

12. Checks and Balances Federalist #51 President
Congress- veto, propose, appeal to people, enforce laws
Courts- appoint justices, enforce law

13. Checks and Balances Congress – “necessarily predominates”
Raise taxes, pass legislation
Impeach president and judges
determine number and jurisdiction of courts,
Senate confirms judges
House and Senate
Courts- “least dangerous branch”
can declare executive actions and laws unconstitutional.

14. Comparison with UK Prime minister chosen by majority party.
No judicial review
control and responsibility concentrated in legislature
Same electoral base
No checks and balances

15. Consequences GRIDLOCK!
difficult to act unless there is overwhelming sustained consensus about course of action.
1994 GOP Revolution
Losers-- Efficiency and accountability

16. Continuing Battle over CnB the War Power
Article I. Congress can “declare war”
Article II. President- commander in chief
How many declared wars?
Role of Courts

17. Separation of Powers Limit the power of government
Limit democratic majoritarianism (aka Tyranny of the Majority)
Policy should not reflect majority public opinion

18. New Republicanism
OLD- positive political engagement – civic virtue and small republics that required some degree of equality
NEW- negative limitations on government – the balance of interest based on the “invisible hand” of self-interest and on the equality of opportunity

19. Interpreting the Constitution
Beard
Evidence
Conclusion
Roche
Diamond

21. Assessing the Framers Beard-- Elite Conspiracy
Federalists all wealthy planters and merchants trying to get rich
Roche-- Sound Politicians
political expediency is the driving principle
Electoral college
Diamond -- Brilliant Political Theorists
How to prevent tyranny of the majority

24. Pluribus to Unum

25. Why is America Democratic?