1. Federalists and Anti- Federalists The Debate for the Ratification of the Constitution

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

4. Course Outline

5. Key Concepts Constitutional Underpinnings of the United States Government Federalism, Separation of Powers, Checks and Balances, Representation, Pluralism Federalism, Separation of Powers, Checks and Balances, Representation, Pluralism Ideological and philosophical justifications of the Constitution Ideological and philosophical justifications 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 government Contending theories of American government

7. The Ratification Debate Crucial states—PA, MASS, VA, NY Crucial states—PA, MASS, VA, NY First 36 completed by January,1788 First 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 Continental Congress was sitting in NY Madison wrote 40% of final product while the Continental Congress was sitting in NY Jay—wounded in a street riot soon after Federalist series released Jay—wounded in a street riot soon after Federalist series released Returned to write in Federalist 64 Returned to write in Federalist 64 Checks and balances mentioned once—Federalist 9 Checks and balances mentioned once—Federalist 9

9. Experience Experience mentioned 91 times—bookends to The Federalist Papers Experience mentioned 91 times—bookends to The Federalist Papers “After an unequivocal experience of the inefficiency of the subsisting Federal Government, you are called upon to deliberate on a new Constitution for the United States of America.” Federalist 1, Hamilton “After an unequivocal experience of the inefficiency of the subsisting Federal Government, you are called upon to deliberate on a new Constitution for the United States of America.” Federalist 1, Hamilton Quoting Hume, “To balance a large state or society (says he) whether monarchical or republican, or general laws, is a word of so great difficulty, that no human genius, however comprehensive, is able by the mere dint of reason and reflection, to effect it. The judgments of many must unite in the work: EXPERIENCE must guide their labor: TIME must bring it to perfection: And the feeling of inconveniences must correct the mistakes which they inevitably fall into, in their first trials and experiments.” Federalist 85, Hamilton. Quoting Hume, “To balance a large state or society (says he) whether monarchical or republican, or general laws, is a word of so great difficulty, that no human genius, however comprehensive, is able by the mere dint of reason and reflection, to effect it. The judgments of many must unite in the work: EXPERIENCE must guide their labor: TIME must bring it to perfection: And the feeling of inconveniences must correct the mistakes which they inevitably fall into, in their first trials and experiments.” Federalist 85, Hamilton.

10. The 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 national government 23-36 what powers ought to be exercised by national government 37-85 proposed Constitution and how it conforms to the principles of good government and republican principles 37-85 proposed Constitution and how it conforms to the principles of good government and republican principles

12. The Ratification Debate Process of Ratification debate Process of Ratification debate Three Debates pertaining to: Three Debates pertaining to: 1. Legality of Convention 2. Endorsement of Constitution and its adoption 3. Amendments to the Constitution 8 month period—Sept.87—June 88 8 month period—Sept.87—June 88 Bulk done in December Bulk done in December All debates have one thing in common—include at least one member from the Philadelphia Convention who usually introduced the document All debates have one thing in common—include at least one member from the Philadelphia Convention who usually introduced the document

13. The Ratification Debate Debate itself Debate 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 papers Federalist positioning in papers Only 6 of 95 were Anti-Federalist (13 leaned) Only 6 of 95 were Anti-Federalist (13 leaned)

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

18. Federalism and The Federalist Papers “Both governments are in fact different agents and trustees of the people, constituted with different power.” “Both governments are in fact different agents and trustees of the people, constituted with different power.” Federalist 46, Madison Federalist 46, Madison “If their rights are invaded by either, they can make use of the other as the instrument of redress.” “If their rights are invaded by either, they can make use of the other as the instrument of redress.” Federalist 28, Hamilton Federalist 28, Hamilton

23. Federalist Papers on Congress 53, 56, 57, 62, 63 53, 56, 57, 62, 63 Bicameral Institutions Bicameral Institutions Article I Article I House of Representatives House of Representatives Senate Senate

25. Federalist Papers Federalist 52 Federalist 52 “As it is essential to liberty that the government in general should have a common interest with the people, so it is particularly essential that the branch of it under consideration should have an immediate dependence on, and an intimate sympathy with, the people. Frequent elections are unquestionably the only policy by which this dependence and sympathy can be effectually secured.” “As it is essential to liberty that the government in general should have a common interest with the people, so it is particularly essential that the branch of it under consideration should have an immediate dependence on, and an intimate sympathy with, the people. Frequent elections are unquestionably the only policy by which this dependence and sympathy can be effectually secured.”

26. Federalist Papers Federalist 56 Federalist 56 “What are to be the objects of federal legislation? Those which are of most importance, and which seem most to require local knowledge, are commerce, taxation, and the militia.” “What are to be the objects of federal legislation? Those which are of most importance, and which seem most to require local knowledge, are commerce, taxation, and the militia.” Federalist 62 Federalist 62 The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from the prepossessions and habits incident to foreign birth and education. The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on the national councils. The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from the prepossessions and habits incident to foreign birth and education. The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on the national councils.

27. The American Executive Unique Institution Unique Institution Bundle of Compromises Bundle of Compromises Evolution of authority and power Evolution of authority and power

28. Presidential Power Limited authority Limited authority Adjourn Congress Adjourn Congress Constrained authority Constrained authority Nominate ambassadors Nominate ambassadors Nominate federal judiciary Nominate federal judiciary Veto (with override factor) Veto (with override factor) Treaties Treaties

29. Presidential Power Ambiguous authority Ambiguous authority Take care that laws are “faithfully executed” Take care that laws are “faithfully executed” Executive power shall be vested in the President--- murky, controversial Executive power shall be vested in the President--- murky, controversial Interpretations of authority? Interpretations of authority? Narrow interpretation?—Congressional, literalist Narrow interpretation?—Congressional, literalist Broad interpretation?—Hamiltonian Broad interpretation?—Hamiltonian

31. Federalist Papers 67-77 Federalist Papers 67-77 Alexander Hamilton--Federalist 67 Alexander Hamilton--Federalist 67 “the writers against the Constitution seem to have taken pains to signalize their talent of misrepresentation. Calculating upon the aversion of the people to monarchy, they have endeavored to enlist all their jealousies and apprehensions in opposition to the intended President of the United States; not merely as the embryo, but as the full-grown progeny, of that detested parent. To establish the pretended affinity, they have not scrupled to draw resources even from the regions of fiction. “the writers against the Constitution seem to have taken pains to signalize their talent of misrepresentation. Calculating upon the aversion of the people to monarchy, they have endeavored to enlist all their jealousies and apprehensions in opposition to the intended President of the United States; not merely as the embryo, but as the full-grown progeny, of that detested parent. To establish the pretended affinity, they have not scrupled to draw resources even from the regions of fiction.

32. Federalist 67 Attempts so extravagant as these to disfigure or, it might rather be said, to metamorphose the object, render it necessary to take an accurate view of its real nature and form: in order as well to ascertain its true aspect and genuine appearance, as to unmask the disingenuity and expose the fallacy of the counterfeit resemblances which have been so insidiously, as well as industriously, propagated.” Attempts so extravagant as these to disfigure or, it might rather be said, to metamorphose the object, render it necessary to take an accurate view of its real nature and form: in order as well to ascertain its true aspect and genuine appearance, as to unmask the disingenuity and expose the fallacy of the counterfeit resemblances which have been so insidiously, as well as industriously, propagated.”

33. Federalist 67 The authorities of a magistrate, in few instances greater, in some instances less, than those of a governor of New York, have been magnified into more than royal prerogatives. He has been decorated with attributes superior in dignity and splendor to those of a king of Great Britain. He has been shown to us with the diadem sparkling on his brow and the imperial purple flowing in his train. He has been seated on a throne surrounded with minions and mistresses, giving audience to the envoys of foreign potentates, in all the supercilious pomp of majesty. The images of Asiatic despotism and voluptuousness have scarcely been wanting to crown the exaggerated scene. We have been taught to tremble at the terrific visages of murdering janizaries, and to blush at the unveiled mysteries of a future seraglio. The authorities of a magistrate, in few instances greater, in some instances less, than those of a governor of New York, have been magnified into more than royal prerogatives. He has been decorated with attributes superior in dignity and splendor to those of a king of Great Britain. He has been shown to us with the diadem sparkling on his brow and the imperial purple flowing in his train. He has been seated on a throne surrounded with minions and mistresses, giving audience to the envoys of foreign potentates, in all the supercilious pomp of majesty. The images of Asiatic despotism and voluptuousness have scarcely been wanting to crown the exaggerated scene. We have been taught to tremble at the terrific visages of murdering janizaries, and to blush at the unveiled mysteries of a future seraglio.

34. 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

35. Federalist 20 “Imbecility in government” “Imbecility in government”