discussion post

Federalist62-66 Federalist52-61 Federalist37-46 FederalistPapers1-8 Federalist15-22 Federalist47-51 Federalists9_10 Federalist1113 ScreenShot2021-03-22at4.50.23PM1 ScreenShot2021-03-22at4.49.57PM1 ScreenShot2021-03-22at4.50.15PM1

 use the screen shots below to find the discussion topic. The first part of the page will be the discussion, use the two examples to get an idea. Then the second part is to write a short response to the two other classmate (3-4 sentences) 

Federalist 62-66: The Senate

Federalist 62:

I. Qualifications:
a. 30 years of age
b. 9 years as a citizen

II. Appointed by state legislature (now elected, 17th amendment 1913)
III. 2 senators per state to serve 6 year terms

a. fewer men guards against sudden and violent passions
b. longer term contributes to experience and wisdom in law making
c. longer term also contributes to stability
d. stability necessary to guard against contempt from other nations
e. changing laws create disobedience from within
f. stability will keep the energetic and enterprising from exploiting the

passions of the people
g. stability will enforce the habit of industry in the people
h. stability will encourage commerce

Federalist 63:

I. Senate provides national character
II. Senate provides responsibility to the people’s projects
III. Senate provides correction to the errors of the people
IV. The Senate further guards against the involvement of the people in their

collective capacity in government
V. The House will threaten encroachment upon the Senate rather than vice-versa.

Example of the British

Federalist 64:

I. 2/3 of senators required to ratify treaty
II. men of ability and virtue involved in treaties
III. age requirement makes for both more wisdom and better representation

through familiarity with people
IV. the President can manage intelligence on the basis of prudence because of the

need for perfect secrecy and dispatch but treaties can not be repealed at
pleasure and therefore require consent

Federalist 65:

I. Power to share in appointments and to judge in case of impeachment
a. neither the House nor the Court should judge impeachment

i. the House cannot judge because of party interest
ii. the Court cannot judge because 1)they are not trusted by the people, 2)
there would be no jury between the judge and the accused, 3) a large body of
men is needed to pronounce judgment

Federalist 66:

I. Objection: the legislative and judicial power are in the same body.
II. Response: a mixture of powers is needed to separate the powers
III. Objection: the senate is too powerful
IV. Response: the house originates bills pertaining to money and the house

initiates impeachment
V. Objection: the senate works too closely with the president
VI. Response: the senate does not choose the president nor does it choose

nominees, therefore, there will be no conspiracies and quid pro quo

Federalist 52-61: House of Representatives

Federalist 52:

I. Represents the People
a. popular election
b. qualifications
i. 25 years of age
ii. 7 years a citizen
iii. inhabit the state in which you are running
iv. open to merit

II. Biennial Elections
a. House has immediate sympathy with the people
b. Need for some continuity

Federalist 53: Biennial elections continued

Federalist 54: Slavery and Representation

I. Refuting the idea of slaves as property
a. the distinction between law and nature

Federalist 55: Response to Criticisms

I. small number of representatives is unsafe
II. knowledge of local circumstances will be impossible
III. the representatives will be rich
IV. increase in population makes the representatives proportionately smaller

Federalist 56: Response to II above

I. Representatives must have understanding of commerce, taxation, and military
affairs.

Federalist 57: Response to III above

I. United States is not and will not be an oligarchy
a. esteem and affection connect representative to the represented
b. pride and vanity also have a hold on him
c. laws passed will be applied to the representatives
d. the vigilant and manly spirit of Americans will check abuse

Federalist 58: Response to III above

I. Representation and Progress of Population

a. every 10 years a census will be taken
b. 1-30,000 limit

II. A Problem: Senate might block reapportionment
a. large state senators will want reapportionment
b. small state senators checked by the House’s power of the purse
c. senate and executive are too weak to challenge House unless they are

constitutional and patriotic

III. House Representation is not for democracy but for
a. safety
b. local information
c. general sympathy

Federalist 59: Defending Congress’ Ultimate Authority over elections
a. states have primary authority but cannot have ultimate authority because

they could fail to elect national senators and house members

Federalist 60:

I. Addressing the Problem of putting the national government in charge of
national elections
a. states would rebel if there were abuses
b. people would rebel if an election were fixed
c. tyrants take through force; they do not need to fix elections

Federalist 61: Place of Election

I. Antifederalists contend that the election must take place in the county of the
elector

II. Federalists respond that a man is no more likely to vote 20 miles from home
than 200 miles.

Federalist 37-46

Federalist 37-40: Combining Republicanism with Energy and Stability

Federalist 37:

I. Energy and Stability needed for good government
a. constitution can be neither abstract nor give precise dimensions of power
b. powers cannot be completely distinct

Federalist 38:

I. The Constitutional Legislator
a. the necessity for constitutions
b. the necessity for unanimity through a sagacious and benevolent mind

c. the case of the Athenians, Spartans, and Romans
II. The Opposition

a. admit of necessity for a sagacious constitution but offer no unanimous
alternative

Federalist 39:

I. The Government of the United States is both national and federal
a. the case of the House and the Senate
b. the case of the President

Federalist 40:

I. Justifying the Mandate to create a new constitution.

Federalist 41-46: Federal Powers and the Dangers of Federalism

Federalist 41:

I. Two Views of the Constitution
a. Sum of Powers
i. security against foreigners
ii. diplomacy
iii. harmony among states
iv. restraint of states
v. provisions for giving due efficacy to the powers themselves

b. Distribution of Powers

Federalist 42:
I. Regulation of Foreign Affairs and Foreign Commerce

a. slavery (importation to end in 1808)
b. punish piracy and crimes against laws of nations
c. unified understanding of naturalization and bankruptcy
d. establish currency exchange through national standard
e. establish standards for state judicial proceedings and especially with

respect to bankruptcy
f. establish a post office

Federalist 43:

I. Powers
a. securing patent rights
b. supreme authority
c. declare treason
d. admission of new states
e. make laws governing new territories
f. guarantee that all states are republican
g. judge between states
h. declare debts under the Articles to be valid
i. ¾ amendment ratification
j. 9 states sufficient for ratification of the Constitution

Federalist 44:

I. Restrictions on States
a. no foreign policy
b. no currency

Federalist 45:

I. Issue: Will the sum of the powers be dangerous?

Federalist 46:

I. The Nature of Loyalty
a. loyalty will be to the state
b. federal representatives will tend toward the state interest
c. federal encroachment on states would sound an alarm

FederalistPapers #1-8

Federalist 1:
a. preservation of the union
b. reflection and choice vs. accident and force
c. combining patriotism with philanthropy
d. the obstacles of interests and of prejudices stemming from jealousies and fears
e. the jealousy of liberty is a dangerous zeal capable of succumbing to demagogues

Federalist 2:
a. the foundations for a united people

i. providence of the land and people
a. same customs
b. fighting together against tyranny
c. common attachment to the country
d. trusted patriots of 1774

Federalist 3:
a. the necessity for a united people

i. threat from foreign enemies
ii. must obey treaties
iii. weakness invites aggression
iv. states are too weak to punish treaty and law breakers
v. states too easily offended and ready for war

Federalist 4:
a. pressing dangers

i. monarchies wage war arbitrarily
a. Spain and Great Britain are threatened by American trade

ii. Need a unity of command to fight them

Federalist 5:
a. the example of Great Britain

i. civil war from fear and envy of neighbors
ii. foreigners are invited in

Federalist 6:
a. problem of civil war continued

i. personal interests, jealousies, and fears cause public wars
ii. in commercial republics violent passions and immediate interests are

in the leaders
iii. commercialism does not end violence

Federalist 7:
a. causes of strife between states

i. territorial disputes
a. crown lands in the west

b. commercial competition
i. trade protection and breaking those protections
ii. duties
iii. public debt
iv. drawn into European politics through state alliances

Federalist 8:
a. Europe, America, and the Republics of Greece

i. Europe
a. standing armies
b. fortresses
c. difficult to desolate and overturn

ii. America
a. desultory and predatory wars affecting individuals
b. populous states taking over weaker states
c. stronger and weaker states learn the art of war and

defense
d. standing armies become necessary

iii. Greek Republics
a. people are not given to industry because they are

threatened from without and within
b. everyone is militaristic

b. confederacy will cause internal and external threats requiring
large armies that will subordinate civilian life to military life.

Federalist 15-22: The Defects of Confederation

Federalist 15: Insufficiency of the Articles of Confederation

I. National humiliation
a. no sovereignty
b. problem of debt
c. no government
d. no treasury
e. no troops

II. Confusion of the Antifederalists
a. they want the effects of federalism without federalism

III. Weakness of the Federal Government
a. the federal government has no direct claim on the money or person of

individuals.
b. States have general “discretionary superintendence” which allows them to

ignore federal requisitions.
c. Discretion more appropriate for a treaty rather than a union.

IV. Need for law and punishment
a. state discretion defies nature of man which is to seek power and resent

encroachments upon it.
b. states cannot judge the common good.

Federalist 16: Lycian and Achaean League

I. Violent death of confederations
a. delinquent states must be stopped from intriguing with one another and

with foreigners against the league.
b. Complying states must have their swords drawn to keep delinquents in

order which would bring the league to a violent end.

II. Natural death of confederations
a. complying states become delinquent

III. Federal government must therefore have power over individuals and not just states
a. states would be forced to usurp power rather than just be negligent

Federalist 17:

I. Local legislation is too narrow to entice the ambitions of federal leaders

a. commerce, finance, negotiation, war belong to federal powers.
b. Man is attached to the local and the state looks after personal interests and

familiar concerns.
c. Failure of feudalism shows that states will have loyalty
d. Monarchs had to become tyrants to gain loyalty

Federalist 18: Failure of the Greeks

I. Amphictyonic Council
a. Greeks inflated with glory of victory after having defeated Persians
b. Philip of Macedon brought in by weaker powers
c. Ambition and jealousy between Athens and Sparta
d. Dependence and degradation of the rest of the Greeks

II. Achaen League
a. all members including Sparta shared in the legislation as well as lesser

cities
b. after Philip and Alexander the league is divided by interests of princes
c. republican spirit rebels and league is reborn
d. Spartans become jealous of Achaens and wage war by allying with Egypt

and Syria.
e. The Achaens ally with Macedonia which becomes its oppressor.
f. The Achaens then invite the Romans.

III. Problem of federal bodies
a. they tend to anarchy and tyranny

Federalist 19: Germanic body (Christianity)

I. The Diet legislates, judges, and executes
a. Emperor has veto, can submit legislation, name ambassadors
b. Breaks down into war and anarchy

Federalist 20: Confederacy of United Netherlands

Federalist 21:

I. The Articles of Confederation
a. total want of sanctions
b. need a guaranty to the states
c. state quotas create glaring inequalities and resentments

Federalist 22:

I. Necessity for Federalism

a.. regulation of commerce
b. need for army
c. equal suffrage does not reflect differences of population
d. danger of minority states interfering with majority states
e. domestic cohesion through majority decision
f. need federal judiciary for judging treaties

Federalist 47-51

Federalist 47-51: Separation of Powers

Federalist 47:

I. Montesquieu versus Homer
II. Separation is not absolute but requires encroachment

Federalist 48:

I. Why the legislative branch is the most dangerous of the branches
a. feels the passions and authority of the people but is limited in power
b. other branches are dependent because of the legislative branch’s power of

the purse.
i. cases of Virginia and Pennsylvania

Federalist 49:

I. The people and the constitution
a. critique of Jefferson’s proposal to have occasional constitutional

conventions
i. problem of veneration
ii. unique circumstances surrounding current ratifications.
iii. Legislative imbalance created
b. the people’s passions should find no interest in the constitution especially

when parties and party interests emerge

Federalist 50:

I. The people and the constitution continued
a. periodic appeals to the people to ratify or change the constitution as a

means to guarding against imbalance

Federalist 51:

I. The Principle of the Separation of Powers
a. powers separated so that there is no constitutional appeal to the people
b. each branch has its own will

Federalists 9 & 10

Federalist 9:

I. Response to the accusation that democracies are inherently unstable and
therefore monarchy is a better form of government
a. the case of the republics of Greece and Italy

i. move between tyranny and anarchy
ii. at times brilliant and glorious but also filled with gloom
iii. great talents and endowments overwhelmed by the vices of
government.

b. the influence of size on government
i. states are already too big to be democratic republics
ii. Montesquieu argues that a confederate republic combines the benefits
of a republic with the benefits of monarchy-namely freedom from tyranny
and freedom from foreign domination.

Federalist 10:

I. The problem of faction
a. factions can be majorities or minorities which sacrifice the good of the
country for the interest of the faction.

II. Possible Solutions to Faction
a. eliminate freedom
b. give all citizens the same beliefs and interests so that they are unified
c. allow freedom but control the effects of faction which are a part of

freedom

III. Examination of Solution II. a and II. b
a. man’s reason is influenced by his interests and passions and therefore the

prejudice of faction is unavoidable
b. the end of government is to protect the diversity of faculties and therefore

government must allow for a diversity of opinion and interests.
c. wealth is the single greatest source of faction
d. faction is latent in the nature of man and therefore its effects need to be
controlled

IV. Controlled the Effects of Faction
a. in a republic a minority faction can be stopped through the vote of the

majority
b. how to stop the majority faction from threatening the public good and

private rights

i. pure democracy does not produce a unity of property, interests, and
opinions, and therefore a democratic republic must fall victim to a
tyranny of the majority

ii. a republic unlike a pure democracy will have delegation of
government to a small number, and will expand greatly the number
of citizens and the sphere of the country.

Federalist 11-13: Commerce

Federalist 11:

I. Commercial Activity is the cause of greatness.
a. Americans have an unequalled spirit of enterprise suited to commercial life

II. Union is necessary for commerce
a. make foreign markets bid for access to America
b. navy necessary for strength and trade
c. navy necessary for defense against Europe
d. interstate commerce impossible without a federal government

Federalist 12:

I. Raising revenues
a. indirect taxes (consumption taxes)
b. tax collection

i. must guard the Atlantic to stop contraband and underground market

Federalist 13:

I. Cost of Administration
a. no duplication of administrative offices