“Federalist Papers 47, 48, 51 ”

1. Author: James Madison “Federalist Papers 47, 48, 51”

2. Supported ratification of the Constitution; they favored a more powerful central government • Represented by Alexander Hamilton, James Madison Who were the Federalists?

3. Advocated stronger state governments, weaker central government Opposed ratification of the Constitution Representatives: Thomas Jefferson, Patrick Henry, George Clinton Who were the Anti-federalists?

4. Published under the pseudonym “Publius” • Made up of 85 articles written by Hamilton, Jay, and Madison • Published in The Independent Journal and The New York Packet. • They used the name of “Publius” • A defense of the Constitution • One of the greatest works of political science ThE “Federalist Papers”

5. James Madison and the Framers maintained that: • “enlightened statesmen should govern” • “strong national government was essential for the preservation of the national interest” • an expression of the Enlightenment’s emphasis on reason • System: • Separation of powers • Checks and balances • Goal = “advancement of the national interest” BACKGROUND:

6. “One in the same” • balanced government • “to prevent selfish political interests from ruling including the selfish majority will” • “to assure deliberative government that defines and carries out the national interest” Madisonian Model & 18th Century Model of Government

7. “The separation of powers protects liberty” • Criticism and Madison’s Response: • Critics alleged “that the new document does not adhere to the adhere to the above maxim” • Because the “legislative, executive, and judicial powers are intertwined.” • Madison response: • “…separation of powers does not mean total separation. • One branch cannot completely control another. • Overlapping powers No. 47 – Main Argument

8. Main argument: • “Creating ‘parchment barriers’ in the Constitution won’t be enough to maintain separation of powers and the liberty protected by separation of powers.” • “Madison feared that in a government founded on popular sovereignty, the legislative branch will be the most powerful.” No. 48

9. Main argument: • “Ambition must be made to counteract ambition” • Madison’s reasoning: • Each branch • Own will • Independent (as possible) • Ability to resist encroachment from another branch • Ex: Legislature – divided into two houses Executive – veto over legislation No. 51

10. Judicial Review • Remember these main points: • Article VI of the Constitution-Constitution is the supreme law of the land • Responsibility of the Supreme Court: “to interpret the Constitution & say what the law is” • “Supreme Court’s interpretation of the Constitution binds both Congress and the President” • therefore, “the Supreme Court has the power of judicial review over Congress and the President” • but, “the Court should exercise judicial self-restraint in cases involving political questions” Marbury v. Madison

11. Main Argument: • Interpreting the Constitution- • “looking beyond the specific views of the Framers” • Reasoning: • Framework – “balancing liberty against power” • Adapting from generation to generation – “difficult and complex” • Judges should not impose personal viewpoints “How Not to Read the Constitution”

12. What was the main purpose, according to James Madison, for Federalist 47? • To examine the actual structure of the government and the division of power between the branches of government. Questions:

13. “…where the whole power of one department is exercised by the same hands which posses the whole power of another department, the fundamental principles of a free constitution are subverted…” Separation of power is essential for when one branch of government holds all of the power over the other branches of government it weakens or undermines the basic philosophy of a free constitution. According to Madison, what was the meaning of the following sayings by Montesquieu: “there can be no liberty, where the legislative and executive powers are united in the same person, or body of magistrates”; “if the power of judging be not separated from the legislative and executive powers”?

14. In order for a free government to function properly it is critical that there be checks and balances of power between and among the branches. Explain the following statement in by Madison: “…unless these departments be so far connected and blended, as to give to each a constitutional control over the others, the degree of separation which the maxim requires, as essential to a free government, can never in practice be duly maintained.”

15. Discuss: “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”

16. The legislative branch tends to dominate in a republican form of government, therefore, the legislative branch needed to be divided – thus we have the Senate and the House of Representatives. Madison expressed the concern about one particular branch having excessive power; explain why and how this was resolved.