Federalists & Anti-Federalists

1. Federalists&Anti-Federalists The Road to Ratification: What was all the fuss about?

2. What they agreed on: • Republicanism • Representation, consent of governed, delegated power • But who should represent the public? • Federalism* • Power divided between states and national government • But how much power for each? • Separation of Powers • L, E, J in different hands, but not completely • Total separation? Or checks and balances?

3. The Purpose of the Federalist Papers: • To promote ratification • To show the intentions of the framers • (they are awesome historical documents for that purpose)

4. Madison: Federalist No. 10 • Factions • Natural, but controllable by shared institutional power (branches) • Liberty is protected by fragmented power in a large republic • Majority rule would be limited by: • Electoral College • US Senator elections (changed by 17th Amendment) • Longer, staggered terms for Senators • Independent, life term serving judiciary • Representative democracy

5. Madison: Federalist No. 51 • Checks and Balances • “Ambition must be made to counteract ambition” • “If men were angels, no government would be necessary” • Each branch can “check” another in several ways • Pres can veto laws • (E checks L) • Congress can override vetoes • (L checks E) • Courts can test the constitutionality of law • (J checks L & E) • Congress can amend the Constitution • (L checks J) • Pres can appointment justices • (E checks J) • And so on: Page 40 in text

6. So why the conflict? Federalists Anti-Federalists • National government had checks and balances which would restrain power • Rights were protected enough • Strong national government would not threaten liberties • National government was “sovereign” • Bill of Rights would protect people from abusive power • Small republics are more responsive • States would better serve the people’s interests • States were “sovereign” *The conflict was mostly about the scope of power between “nation” and “state”

7. Hamilton and Smith • Read your handout • What was Hamilton’s position on representation? • What was Smith’s position? • What arguments do they make to support their claims? • Based on the those arguments, what kind of people do you think were Federalists? Anti-Federalists? • Which side would you have supported? • Are these issues still debated today?

8. Hamilton: Federalist Smith: Anti-Federalist • Happy with the representation outline in the Constitution • Representative Democracy • Elites; slight distrust of the common man • Not happy with how representation would work • Direct Democracy • Believed in the decency of the common man

9. Hamilton: Federalist No. 28 “If the people’s rights are invaded by either, they can make use of the other as the instrument of redress”

10. Summary: The Anti-Federalists lost the battle, but won the war. The first 10 amendments were added by 1791. The B-o-r addressed many of the Anti-Federalists’ concerns The B-O-R limits majority rule

11. Which government (state or federal)? Which government would serve the interests of people better when considering: • National healthcare? • Same sex marriage? • Abortion? • Immigration? • Off shore drilling?