Federalists and Federalists and Anti-Federalists Anti-Federalists

The Debate for the The Debate for the Ratification of the Ratification of the

Constitution Constitution

Madison Madison

A popular Government, without popular A popular Government, without popular information, or the means of acquiring it, is but a information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or, perhaps, prologue to a farce or a tragedy; or, perhaps, both. Knowledge will forever govern ignorance; both. Knowledge will forever govern ignorance; and a people who mean to be their own and a people who mean to be their own governors must arm themselves with the power governors must arm themselves with the power which knowledge gives.which knowledge gives.Madison, Letter to W. T. Barry, August 4, 1822Madison, Letter to W. T. Barry, August 4, 1822

Course Outline Course Outline

Key Concepts Key Concepts

Constitutional Underpinnings of Constitutional Underpinnings of the United States Government the United States Government

Federalism, Separation of Powers, Checks Federalism, Separation of Powers, Checks and Balances, Representation, Pluralism and Balances, Representation, Pluralism

Ideological and philosophical justifications Ideological and philosophical justifications of the Constitution of the Constitution

Factions Factions Bill of Rights Bill of Rights Role of the institutions of government Role of the institutions of government Contending theories of American Contending theories of American

governmentgovernment

The Ratification DebateThe Ratification Debate

Crucial states—PA, MASS, VA, NYCrucial states—PA, MASS, VA, NY First 36 completed by January,1788First 36 completed by January,1788

Next 49 completed in Vol. 2—May 28 Next 49 completed in Vol. 2—May 28 Madison wrote 40% of final product while the Madison wrote 40% of final product while the

Continental Congress was sitting in NY Continental Congress was sitting in NY Jay—wounded in a street riot soon after Jay—wounded in a street riot soon after

Federalist series releasedFederalist series released Returned to write in Federalist 64 Returned to write in Federalist 64

Checks and balances mentioned once—Checks and balances mentioned once—Federalist 9 Federalist 9

ExperienceExperience Experience mentioned 91 times—bookends to The Experience mentioned 91 times—bookends to The

Federalist Papers Federalist Papers ““After an unequivocal experience of the inefficiency of the After an unequivocal experience of the inefficiency of the

subsisting Federal Government, you are called upon to subsisting Federal Government, you are called upon to deliberate on a new Constitution for the United States of deliberate on a new Constitution for the United States of America.” Federalist 1, HamiltonAmerica.” Federalist 1, Hamilton

Quoting Hume, “To balance a large state or society (says Quoting Hume, “To balance a large state or society (says he) whether monarchical or republican, or general laws, is he) whether monarchical or republican, or general laws, is a word of so great difficulty, that no human genius, a word of so great difficulty, that no human genius, however comprehensive, is able by the mere dint of reason however comprehensive, is able by the mere dint of reason and reflection, to effect it. The judgments of many must and reflection, to effect it. The judgments of many must unite in the work: EXPERIENCE must guide their labor: unite in the work: EXPERIENCE must guide their labor: TIME must bring it to perfection: And the feeling of TIME must bring it to perfection: And the feeling of inconveniences must correct the mistakes which they inconveniences must correct the mistakes which they inevitably fall into, in their first trials and experiments.” inevitably fall into, in their first trials and experiments.” Federalist 85, Hamilton. Federalist 85, Hamilton.

The Ratification DebateThe Ratification Debate

Political argument Political argument WWJMD? WWJMD? Reflection of Federalist thought? Reflection of Federalist thought?

Grouped around major themes Grouped around major themes 1-14 advantages of a more perfect union 1-14 advantages of a more perfect union 15-24 weaknesses of the AOC 15-24 weaknesses of the AOC 23-36 what powers ought to be exercised by 23-36 what powers ought to be exercised by

national government national government 37-85 proposed Constitution and how it 37-85 proposed Constitution and how it

conforms to the principles of good conforms to the principles of good government and republican principlesgovernment and republican principles

The Ratification Debate The Ratification Debate

Process of Ratification debate Process of Ratification debate Three Debates pertaining to:Three Debates pertaining to:

1.1. Legality of Convention Legality of Convention

2.2. Endorsement of Constitution and its adoptionEndorsement of Constitution and its adoption

3.3. Amendments to the Constitution Amendments to the Constitution 8 month period—Sept.87—June 888 month period—Sept.87—June 88

Bulk done in December Bulk done in December All debates have one thing in common—include All debates have one thing in common—include

at least one member from the Philadelphia at least one member from the Philadelphia Convention who usually introduced the Convention who usually introduced the documentdocument

The Ratification DebateThe Ratification Debate

Debate itselfDebate itself 95 different newspapers 95 different newspapers 2 at least in every state 2 at least in every state Philly, NY, Boston media centers Philly, NY, Boston media centers Federalist positioning in papersFederalist positioning in papers Only 6 of 95 were Anti-Federalist (13 Only 6 of 95 were Anti-Federalist (13

leaned) leaned)

Federalism and The Federalism and The Federalist Papers Federalist Papers

““The powers…to the federal government are The powers…to the federal government are few and defined. Those which are to remain few and defined. Those which are to remain in the State governments are numerous and in the State governments are numerous and indefinite. The former will be exercised indefinite. The former will be exercised principally on external objects such as war, principally on external objects such as war, peace, negotiation, and foreign peace, negotiation, and foreign commerce….The powers reserved to the commerce….The powers reserved to the several States will extend to all the objects several States will extend to all the objects which…concern the lives, liberties, and which…concern the lives, liberties, and properties of the State.” properties of the State.” Federalist 45, Madison Federalist 45, Madison

Federalism and The Federalism and The Federalist PapersFederalist Papers

““Both governments are in fact Both governments are in fact different agents and trustees of the different agents and trustees of the people, constituted with different people, constituted with different power.”power.” Federalist 46, MadisonFederalist 46, Madison

““If their rights are invaded by either, If their rights are invaded by either, they can make use of the other as they can make use of the other as the instrument of redress.”the instrument of redress.” Federalist 28, Hamilton Federalist 28, Hamilton

Federalist Papers on Federalist Papers on CongressCongress

53, 56, 57, 62, 63 53, 56, 57, 62, 63 Bicameral Bicameral

Institutions Institutions Article I Article I House of House of

Representatives Representatives Senate Senate

Federalist Papers Federalist Papers

Federalist 52Federalist 52 ““As it is essential to liberty that the As it is essential to liberty that the

government in general should have a government in general should have a common interest with the people, so it is common interest with the people, so it is particularly essential that the branch of it particularly essential that the branch of it under consideration should have an under consideration should have an immediate dependence on, and an intimate immediate dependence on, and an intimate sympathy with, the people. Frequent sympathy with, the people. Frequent elections are unquestionably the only policy elections are unquestionably the only policy by which this dependence and sympathy by which this dependence and sympathy can be effectually secured.” can be effectually secured.”

Federalist Papers Federalist Papers Federalist 56Federalist 56

““What are to be the objects of federal legislation? Those which What are to be the objects of federal legislation? Those which are of most importance, and which seem most to require local are of most importance, and which seem most to require local knowledge, are commerce, taxation, and the militia.”knowledge, are commerce, taxation, and the militia.”

Federalist 62 Federalist 62 The propriety of these distinctions is explained by the nature The propriety of these distinctions is explained by the nature

of the senatorial trust, which, requiring greater extent of of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same information and stability of character, requires at the same time that the senator should have reached a period of life time that the senator should have reached a period of life most likely to supply these advantages; and which, most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned ought to be exercised by none who are not thoroughly weaned from the prepossessions and habits incident to foreign birth from the prepossessions and habits incident to foreign birth and education. The term of nine years appears to be a prudent and education. The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on them, which might create a channel for foreign influence on the national councils. the national councils.

The American Executive The American Executive

Unique InstitutionUnique Institution Bundle of Bundle of

CompromisesCompromises Evolution of Evolution of

authority and authority and powerpower

Presidential PowerPresidential Power

Limited authority Limited authority Adjourn Congress Adjourn Congress

Constrained authority Constrained authority Nominate ambassadorsNominate ambassadors Nominate federal Nominate federal

judiciary judiciary Veto (with override Veto (with override

factor) factor) Treaties Treaties

Presidential Power Presidential Power

Ambiguous authority Ambiguous authority Take care that laws are “faithfully Take care that laws are “faithfully

executed”executed” Executive power shall be vested in the Executive power shall be vested in the

President---murky, controversial President---murky, controversial Interpretations of authority? Interpretations of authority?

Narrow interpretation?—Congressional, Narrow interpretation?—Congressional, literalist literalist

Broad interpretation?—HamiltonianBroad interpretation?—Hamiltonian

Federalist Papers Federalist Papers

67-7767-77 Alexander Hamilton--Federalist 67 Alexander Hamilton--Federalist 67

““the writers against the Constitution seem to the writers against the Constitution seem to have taken pains to signalize their talent of have taken pains to signalize their talent of misrepresentation. Calculating upon the misrepresentation. Calculating upon the aversion of the people to monarchy, they have aversion of the people to monarchy, they have endeavored to enlist all their jealousies and endeavored to enlist all their jealousies and apprehensions in opposition to the intended apprehensions in opposition to the intended President of the United States; not merely as President of the United States; not merely as the embryo, but as the full-grown progeny, of the embryo, but as the full-grown progeny, of that detested parent. To establish the that detested parent. To establish the pretended affinity, they have not scrupled to pretended affinity, they have not scrupled to draw resources even from the regions of draw resources even from the regions of fiction.fiction.

Federalist 67Federalist 67

Attempts so extravagant as these to Attempts so extravagant as these to disfigure or, it might rather be said, to disfigure or, it might rather be said, to metamorphose the object, render it metamorphose the object, render it necessary to take an accurate view of its necessary to take an accurate view of its real nature and form: in order as well to real nature and form: in order as well to ascertain its true aspect and genuine ascertain its true aspect and genuine appearance, as to unmask the appearance, as to unmask the disingenuity and expose the fallacy of the disingenuity and expose the fallacy of the counterfeit resemblances which have counterfeit resemblances which have been so insidiously, as well as been so insidiously, as well as industriously, propagated.”industriously, propagated.”

Federalist 67 Federalist 67 The authorities of a magistrate, in few instances The authorities of a magistrate, in few instances

greater, in some instances less, than those of a greater, in some instances less, than those of a governor of New Yorkgovernor of New York, have been magnified into , have been magnified into more than royal prerogatives. He has been more than royal prerogatives. He has been decorated with attributes superior in dignity and decorated with attributes superior in dignity and splendor to those of a king of Great Britain. He splendor to those of a king of Great Britain. He has been shown to us with the diadem sparkling has been shown to us with the diadem sparkling on his brow and the imperial purple flowing in his on his brow and the imperial purple flowing in his train. He has been seated on a throne surrounded train. He has been seated on a throne surrounded with minions and mistresses, giving audience to with minions and mistresses, giving audience to the envoys of foreign potentates, in all the the envoys of foreign potentates, in all the supercilious pomp of majesty. The images of supercilious pomp of majesty. The images of Asiatic despotism and voluptuousness have Asiatic despotism and voluptuousness have scarcely been wanting to crown the exaggerated scarcely been wanting to crown the exaggerated scene. We have been taught to tremble at the scene. We have been taught to tremble at the terrific visages of murdering janizaries, and to terrific visages of murdering janizaries, and to blush at the unveiled mysteries of a future blush at the unveiled mysteries of a future seraglio.seraglio.

Judiciary Judiciary

Constitutional Context Constitutional Context Article III Article III Federalist 78 Federalist 78 ““neither force nor will” neither force nor will” ““during good behavior” during good behavior” Impeachment Impeachment Confirmation process Confirmation process

Federalist 20 Federalist 20

““Imbecility in Imbecility in government” government”