Federalist Papers Study Guide

Key Points of Select Federalist Papers for AMDM 1575

The meaning of 'faction' according to James Madison in Federalist No. 10.

A group of citizens, whether a majority or a minority, united by a common interest or passion, adverse to the rights of other citizens or the community's interest.

Why removing the causes of faction is an unacceptable solution.

It would require either destroying liberty, which is the 'remedy worse than the disease,' or forcing everyone to have the same opinions, which is 'impracticable.'

The primary remedy for faction proposed in Federalist No. 10.

A large, representative republic. The size and diversity of a large republic make it difficult for any single faction to gain a majority and oppress others.

The constitutional principle described by 'ambition must be made to counteract ambition.'

The system of checks and balances. Each branch is given the means and motive to resist encroachments from the others.

The two components of the 'double security' for the rights of the people.

1. Federalism (dividing power between federal and state governments).

2. Separation of Powers (dividing power among the three branches).

Why Alexander Hamilton called the judiciary the 'least dangerous' branch.

It lacks the power of the 'sword' and the 'purse.' It can only exercise 'judgment' and relies on the executive branch to enforce its decisions.

The primary purpose of judicial review according to Federalist No. 78.

To act as an intermediate body between the people and the legislature to ensure that laws are consistent with the Constitution, which represents the will of the people.

The main argument in Federalist No. 79 regarding judicial compensation.

A judge's salary cannot be diminished during their time in office. This is to protect them from financial pressure or political retaliation by the legislature.

The principle that determines the scope of the federal judiciary's power (Federalist No. 80).

The judicial power must be 'coextensive with its legislative' power. This means the federal courts can hear cases on any subject over which Congress has the power to legislate.

The overarching theme of Federalist Nos. 10, 51, and 78.

A pragmatic acknowledgment of flawed human nature requires a government structured with internal and external controls to protect liberty.

Who were the authors of The Federalist Papers?

Alexander Hamilton, James Madison, and John Jay.

The pseudonym used by the authors of The Federalist Papers.

Publius.

The purpose of The Federalist Papers.

To persuade the citizens of New York to ratify the proposed U.S. Constitution.

The number of essays in the entire Federalist collection.

85 essays.

What is the key difference between a direct democracy and a republic?

In a direct democracy, citizens vote on all laws directly. In a republic, they elect representatives to make decisions for them.

The term used for the division of power between the federal and state governments.

Federalism.

The three branches of the U.S. government.

1. Legislative (Congress)

2. Executive (President)

3. Judicial (Courts).

The main check the legislative branch has on the executive branch.

The power to impeach and remove the President, approve treaties, and confirm appointments.

The main check the executive branch has on the legislative branch.

The power to veto legislation passed by Congress.

The main check the judicial branch has on the other two branches.

The power of judicial review, to declare laws or executive actions unconstitutional.

The purpose of a bicameral legislature (two houses) according to Federalist No. 51.

To serve as an internal check on the legislative branch itself, slowing down the process and preventing hasty, dangerous laws.

What is meant by the 'Mischiefs of Faction'?

The problems that arise from a faction's pursuit of self-interest, such as instability, injustice, and confusion in public councils.

Why is 'life tenure' for judges so important?

It ensures that judges are not subject to political pressures or public opinion, allowing them to make impartial decisions based on the law.

In Federalist No. 80, what does Hamilton argue should be the federal judiciary's jurisdiction?

He argued it should cover all cases arising under the Constitution, federal laws, and treaties to ensure a consistent interpretation of national law.

What is the key difference between a confederacy and the proposed republic?

A confederacy is a loose league of states, whereas the proposed republic would have a national government with authority over individuals, not just states.