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A More Perfect Union Poli 110J Anarchy or Despotism.

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1 A More Perfect Union Poli 110J Anarchy or Despotism

2 Midterms Yay! What fun! HARD COPY due in class, Monday, August 15 5-7 pages Prompts posted at course website: jss2201/

3 Midterms Your paper must have: A thesis statement One to three sentences, in the first paragraph Clearer is better. Thesis should be argumentative: – In this paper I will discuss the causes of the Civil War. -- NOT a thesis statement. – Slavery was the primary cause of the Civil War. -- Acceptable. – The primary cause of the Civil War was slavery, which produced economic, political, and moral conflicts between North and South that ultimately could not be resolved by peaceful means. -- Better.

4 Midterm Page numbers 5 page minimum, less will count against grade Paragraphs. – Seriously, you have to have paragraphs. Also, no swearing or text abbreviations. – For heavens sake, people. Citations – Ok to cite lecture. Refer to it by lecture number (for example, lecture #3 for today) – MUST cite & quote the texts appropriate to your chosen prompt. Page numbers, sections, articles, issue numbers, etc. Use embedded citations, like this (Federalist, #84).

5 Midterms Standard margins, font size, line spacing, etc. – I was an undergraduate once, I know about Courier New. While grammar is not a major element in your grades, it does matter. – If your I dont understand what youre saying, I dont understand what youre saying. Papers MUST be submitted to

6 Common Sense (recap) Authority of Reason – Undermines Traditional Authority of the British monarchy – Accessible by anyone who is not blinded by the passions In this way, the authority of reason is democratic

7 Common Sense (recap) State of Nature as tool of political criticism – Human rights exist prior to any form of government Thus, these rights have priority over the government, and the government may not in justice infringe upon them

8 Common Sense (recap) Liberal/Enlightenment political values: – Commerce – Local government with weak central government – Religious toleration – Rule of Law – Society (freedom, happiness) vs. Government (power, constraint)

9 Declaration of Independence (recap) In the voice of a national people – The Union is a community of belief Equality the primary political good State of Nature argument, rights given by the Creator Purpose of Govt to protect security & inborn rights of individuals – National

10 Articles of Confederation (Recap) A confederation of sovereign states Purpose of central govt only exists to – provide security Adjudicate interstate disputes Foreign relations War – make trade possible Weights & measures Central government lacks compulsory powers in drafts and taxation – Freerider problem

11 Defining the political community Points of conflict – What is America? Who is an American? – One people or many? – Both agree that ultimate source of political authority lies in the people, but is that authority expressed in their laws or in their voices? – To what extent a democracy, to what a republic? – Which is better, a small or a large republic? – How should the will of the people be mediated?

12 Federalist Papers 1787-88 Authorship: – Usually credited as follows: Alexander Hamilton: #1, 6–9, 11–13, 15–17, 21–36, 59– 61, and 65–85 James Madison: #10, 14, 37–58 and 62–63 John Jay: #2–5 and 64

13 Federalist Papers Why kept secret? Why attributed to a single pseudonym? Publius Valerius Publicola – A leader of the Roman revolt, which ended the line of the kings of Rome – Wrote popular series of laws, helped to structure Roman Republic – Called the friend of the people

14 Anti-Federalist Papers 1787 Unlike Federalist papers, not an organized project. – Anti-Federalist a label that got attached to the position in these essays – Numbers assigned by later researches. We use those of Morton Borden, meant to match roughly w/Federalist Papers Authorship: – Cato (~George Clinton) – Brutus (~Robert Yates) – Centinel (Samuel Bryan)

15 Anti-Federalist Papers Cato: Senator of the late Roman Republic, known for his moral integrity & opposition to the coup by Julius Caesar Brutus: most famous of Caesars assassins Centinel = Sentinel, guardian

16 A Revolution Divided Classical pseudonyms reveal the extent to which Federalists & Anti-Federalists differ in their points of view – Is the republic being born, or threatened with destruction? Many revolutions, lacking established authority by definition, suffer internal conflict – American political institutions may have helped to prevent American divisions from causing major political violence

17 Federalist and Anti-Federalist Basic points of disagreement: – Are people fundamentally good or fundamentally bad? What makes them good or bad? – Which is the greater and more immediate threat, anarchy or despotism? – Is the United States one people or many?

18 Federalist and Anti-Federalist Basic points of agreement – Our opponents are blinded by interest and passion Fed #1: Opponents blinded by perverted ambition, passions and prejudices little favorable to the discovery of truth AF #1: the deceptive mists cast before the eyes of the people by the delusive machinations of its INTERESTED advocates begins to dissipate

19 Federalist and Anti-Federalist Though they take strongly opposed positions, each side of the Constitution debate speaks the same political language. Thus, this is not an issue of what ideals and principles apply, but of their interpretation.

20 Federalist People are fundamentally bad – Fed. #10: The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society.

21 Anti-Federalist Humans are fundamentally good – AF #3: Where the government is lodged in the body of the people, as in Switzerland, they can never be corrupted; for no prince, or people, can have resources enough to corrupt the majority of a nation – We make them bad, by bad governments, and then abuse and despise them for being so. Our people are capable of being made anything that human nature was or is capable of, if we would only have a little patience and give them good and wholesome institutions

22 Federalist Anarchy and civil war are the most pressing threats – Fed. #10: Due to the increased freedom found in republics, they are particularly prone to faction. – Fed. #6: if these States should either be wholly disunited, or only united in partial confederacies, the subdivisions into which they might be thrown would have frequent and violent contests with each other.

23 Federalist Anarchy and civil war are the most pressing threats – Fed. #6: Has it not, on the contrary, invariably been found that momentary passions, and immediate interest, have a more active and imperious control over human conduct than general or remote considerations of policy, utility or justice? Have republics in practice been less addicted to war than monarchies? Are not the former administered by men as well as the latter?

24 Anti-Federalist Despotism is the most pressing threat – AF #2: Democratic republics, ruled by the people, will not make war on one another (a version of the democratic peace argument) – AF #3: Order and security are immediately sought by the distracted people beneath the shelter of equal laws and the salutary restraints of regular government; and if this be not attainable, absolute power is assumed by the one, or a few, who shall be the most enterprising and successful.

25 Anti-Federalist Despotism is the most pressing threat – AF #14: National government unwieldy, threatens state freedom – AF #6: a continual civil war, which is the most destructive and horrible scene of human discord, is preferable to the uniformity of wretchedness and misery attendant upon despotism; of all possible evils, as I observed in my first number, this is the worst and the most to be dreaded.

26 Federalist The United States is one, national people – Fed. #14: "Shut your hearts against the poison which it conveys; the kindred blood which flows in the veins of American citizens, the mingled blood which they have shed in defense of their sacred rights, consecrate their Union, and excite horror at the idea of their becoming aliens, rivals, enemies. – Fed. #78: The Constitution will be the expression of the will of the people.

27 Anti-Federalist The United States is an alliance of many peoples – AF #14: It may be suggested, …that whoever is a citizen of one state is a citizen of each, and that therefore he will be as interested in the happiness and interest of all, as the one he is delegated from. But the argument is fallacious, and, whoever has attended to the history of mankind, and the principles which bind them together as parents, citizens, or men, will readily perceive it. Local identity and loyalty is stronger than national

28 Federalist Papers The problem with factions Fed. #10 – Republics are prone to factionalization – Factions: groups within the republic united by interest or passion – "There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects But: The latent causes of faction are thus sown in the nature of man

29 Federalist Papers The problem with factions Fed #10: The inference to which we are brought is, that the causes of faction cannot be removed, and that relief is only to be sought in the means of controlling its effects.

30 Federalist Papers The problem with factions Fed #10 If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution.

31 Federalist Papers The problem with factions Fed #10: When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens.

32 Federalist Papers Solution: Separation of powers – Legislature – Executive – Judiciary Checks & balances – By setting factions & branches of govt against each other, none will be able to dominate Protection of minority groups

33 Federalist Papers Solutions Fed #51: Division of power "where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other that the private interest of every individual may be a sentinel over the public rights."

34 Federalist Papers Solutions Fed #51: Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary.

35 Anti-Federalist Response Plans of Publius are: Impractical: local identity > national identity, central government cant control periphery (AF #14) Aristocratic/oligarchic: designed to take power for the few & exclude the many (AF #51) Imperial: Central govt will use standing armies primarily for internal suppression of local rebellion (AF #51)

36 Federalist The Executive (Fed. #70): – Limited terms – No legislative power but veto – Under the law – Strong executive makes for strong govt – Single executive makes it easier to affix responsibility Notice how concerned Hamilton is with demonstrating that the Executive is not a king

37 Anti-Federalist Response Anti-Federalist #70 Youre just electing a king! – Kingship should at least be hereditary Else there will be civil wars, and presidents will stage coups so that they dont have to leave power

38 Federalist Legislature (Fed. 39) the sources from which the ordinary powers of government are to be derived:

39 Federalist Legislature (Fed. #39) The House of Representatives will derive its powers from the people of America; and the people will be represented in the same proportion, and on the same principle, as they are in the legislature of a particular State. So far the government is national, not federal.

40 Federalist Legislature (Fed. #39) The Senate, on the other hand, will derive its powers from the States, as political and coequal societies; and these will be represented on the principle of equality in the Senate, as they now are in the existing Congress. So far the government is FEDERAL, not NATIONAL

41 Federalist Legislature (Fed. #39) The difference between a federal and national government, as it relates to the OPERATION OF THE GOVERNMENT, is supposed to consist in this, that in the former the powers operate on the political bodies composing the Confederacy, in their political capacities; in the latter, on the individual citizens composing the nation, in their individual capacities. On trying the Constitution by this criterion, it falls under the NATIONAL

42 Anti-Federalist AF #51 Senate aristocratic, excludes the voice of the people. Expect power of House of Representatives to be undermined

43 Federalist Judiciary (Fed. #78) – Lifetime appointment to retain independence – Power of judicial review – A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.

44 Anti-Federalist AF #78 Essentially, the complaint is that the constitutional position of judges is anti- democratic – there is no power above them that can control their decisions, or correct their errors. – There is no authority that can remove them from office for any errors or want of capacity, or lower their salaries – in many cases their power is superior to that of the legislature.

45 Constitution of the United States of America 1787 – Congress of the Confederation votes to begin plan to revise/replace Articles of Confederation – Invite states to send delegates to Philadelphia Convention (only RI refuses) – Contrary to Articles of Confederation, Art. VII says that only 9 participating states need ratify the new Constitution for it to go into effect – Adopted September 17, 1787

46 Constitution of the United States of America What does it mean to constitute? We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

47 Constitution of the United States of America Legislature (Article I) – Broad powers over declaration of war, commerce (foreign & interstate), law, currency, punishment, etc.

48 Constitution of the United States of America House of Representatives Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. – Changed by 13 th & 14 th amendment

49 Constitution of the United States of America Senate The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote – changed by 17 th amendment to direct election Compromise between small and large states

50 Constitution of the United States of America Executive – Commander-in-chief of armed forces – Appoint to offices – Grant pardons – Sees that laws are faithfully executed – Veto Can be overridden by 2/3 majority of legislature

51 Constitution of the United States of America Judiciary Congress creates lower courts, but there must be a Supreme Court Lifetime appointment Constitutional review – Constitution is the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding (Art. 6) – Marbury v. Madison (1803)

52 Constitution of the United States of America No amendment may affect slavery until 1808 – Compromise to maintain unity

53 Bill of Rights Hamilton against, Jefferson in favor Madison proposes Bill of Rights during ratification process for Constitution 1789, ratified 1791 – A compromise to keep the Constitution from being derailed

54 Bill of Rights The case against: Hamilton in Fed. #84 in strictness, the people surrender nothing; and as they retain every thing they have no need of particular reservations. bills of rights… are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted.

55 Bill of Rights The case for: Brutus in AF #84: Ought not a government, vested with such extensive and indefinite authority, to have been restricted by a declaration of rights? It certainly ought. So clear a point is this, that I cannot help suspecting that persons who attempt to persuade people that such reservations were less necessary under this Constitution than under those of the States, are wilfully endeavoring to deceive, and to lead you into an absolute state of vassalage.

56 Bill of Rights Individualistic Restrictive of the powers of government – Negative liberty

57 Bill of Rights 1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

58 Bill of Rights 2. A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.

59 Bill of Rights 3 & 4: Security of property from the state – Protection from the quartering soldiers – Protection from unreasonable search & seizure

60 Bill of Rights 9: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

61 Authority The ability to speak finally – The Constitution is at the foundation of the United States – The voice of We the People Judicial review

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