Brutus no.1, Federalist No. 10, & No. 51, Bill of Rights

Mr. Sox AP Gov. UNIT 1 DOCUMENTS

The Brutus papers are anti-federalist: True/False

True

What is the difference between a federalist and anti- federalist?

Federalists supported a strong central government, supporting the ratification of the constitution while anti-federalists favored state sovereignty and weaker federal authority.

What question does the Brutus paper attempt to answer?

Whether a large republic can effectively govern a diverse population and protect individual rights. So basically, a confederacy of state governments (Brutus argued for) vs. powerful central government

Name two arguments Brutus makes:

1. Necessary and Proper clause

2. Supremacy Clause

What is the Necessary and Proper Clause?

It allows Congress to create laws beyond those explicitly listed in the Constitution, which could lead to an overreach of federal power.

What is the Supremacy Clause?

Federal laws have greater authority than state laws

What is one example Brutus gives of how the death of state power could happen by the federal government getting too big?

The Collection of Taxes: Any government that exists can only collect a small amount of taxes or else citizens will revolt, leading to a loss of state power and autonomy.

How does Brutus argue that a republican form of government is not well suited for the United States size?

The size of the states make it difficult for representatives to truly understand and represent the diverse interests of their large and varied populace, as well as hold them under control.

What were the federalist papers?

A series of 85 essays written to promote the ratification of the US Constitution, authored by Alexander Hamilton, James Madison, and John Jay.

What was the federalist 10?

James Madison’s attempt to answer how the new constitution can protect liberty of the citizens against the tyranny of the majority.

The dangers of _____ are brought up by medicine and federalist No. 10

factions of interest groups.

What are factions (according to Madison in Federalist No. 10)?

Groups of citizens whose desire is to dominate government as to impose their interests on the whole society.

what are Madison’s two solutions to the “violence” of factions in federalist 10? Briefly explain them?

1. stop the fractions from every forming, witch could ultimately DESTROY liberty; is not possible anyway because people will have their own beliefs.

2. Limit their power: through a large republic where multiple factions can exist to prevent any single group from dominating.

According to Madison in the federalist papers, why do humans need a government?

because humans are selfish turds

How does Madison respond to the question of, “how do you create a government that is powerful, but not too powerful?”

the separation of powers/ checks and balances

According to Madison in the federalist No. 10, what is one way powers are separated?

by Congress being separated into the house and Senate also known as a bicameral legislature.

Give some examples of checks and balances

1. The executive branch can check the legislative branch by the towing laws

2. Legislative branch can check the executive branch by its powers of impeachment and removal from office

3. The judicial branch can check the ruling of constitutionality of law/ executive actions

Explain how the US constitution protects individual liberties, and rights

It enumerates specific rights in the Bill of Rights, ensuring protection from government infringement.

The Bill of Rights includes the first __ amendments to the constitution

10

What are civil liberties?

constitutionally established guarantees in freedom that protects citizens against arbitrary government interference.

How did the Bill of Rights come to be?

The Bill of Rights, by James Madison, was created as a to convince Anti-Federalist’s to sign off on the constitution.

What was George Mason's role in the Bill of Rights?

a delegate from Virginia at the constitutional convention, who spoke on behalf of the anti-federalists in needing a bill of rights once the constitution was signed. He wrote the Virginia declaration of rights, which the Bill of Rights took inspiration from.

What is the first second and third amendment of the United States in the Bill of Rights?

1. freedom of speech, religion, press, assembly, and petition

2. right to keep and bear arms

3. prohibits the quartering of soldiers in private homes without consent.

What were the fourth fifth and sixth amendments in of the United States in the Bill of Rights?

1. protects against unreasonable searches and seizures

2. rights in criminal cases, including due process and protection against self-incrimination

3. right to a fair trial, including the right to counsel and to confront witnesses.

What were the seventh eighth ninth and 10th amendment of the United States in the Bill of Rights?

1. right to a jury trial in civil cases

2. prohibits excessive bail and cruel and unusual punishment

3. protects rights not specifically enumerated in the Constitution

4. reserves powers not delegated to the federal government to the states or the people.

Amendments outlined in the Bill of Rights, protect citizens from intrusion by the ____ government.

federal