Federalist Papers

Federalist 10

Factions are inevitable in free societies for people are different. Factions can not simply be removed by destroying liberty or by making all thought homogeneous. Instead, factions can be controlled in a republic. A large representative republic like the United States spanning many interests and opinions is the best way to do that. Pluralism is the antidote for factional divisions. No one factional interest subordinates another, and you make them fight in the arena of ideas, where they counterbalance eachother.

Federalist 14

In response to anti-federalist objections that a republic can only work in a small territory where people can directly participate and remain connected to the government, Madison distinguishes between a republic and pure democracy. In a representative republic, given geopolitical consdierations, people govern through representratives and represtnation allows a government to work over a large area. This is in contrast to direct democracy where people govern directly. As long as representatives can periodically travel to the nation’s center to argue for their constituent’s interests, you can dramatically expand the territorial size of the republic. The US was too big for orthodox democracy and a large, united republic divided between federal and state powers is not only possible but necessary to perserve liberty and prevent factional chaos.

Federalist 39

Madison explains that the Consitution is republican because all government officials are directly or indirectly appointed by the people who they derive their authority from. He says that the government is both federal and national as it operates with limited poewrs and states retain residual soveriegnty. The amendment process also mixes federal and national elements. The Consitution cleberly balances state soveringty with national authority and this hybrid perseves local autonomy while have effective central government

Federalist 51

Explains how the structure of the Consitution through a seperation of powers and checks and balances ensures that concentration of pwoer does not fall into one branch of government alone. Human nature is ambitious and to counteract ambition, the branches in horizontal alignment check eachother. Even in the legislature, there are two entites in order to prevent tyranny in lawmaking. If men were angels, no government of the sort would be needed. But this design ensures that each branch has independent duties but also share duties so no branch overpowers another.

Federalist 52 and 53

Argued for two-year terms and biennale elections to keep representatives in the House accountable to the people. Critics said “where annual elections end, tyranny begins,” but this argument is rejected. Biennale elections keep represetnatives loyal to consituent interest by subjection House members to the sanction of the electorate. 2 year terms are short enough to ensure that members stay closely connected to consituent interests but are still expereinced enough to not undermine governance. Senators, on the other hand, need to be protected with longer terms to learn more and gain more knowledge for their role in foreign affairs.

Federalist 54

Southern states argued that states were considered “in some degree men” when determining the number of each state’s delegates to the House of Representatives. Although Madison was seemingly uncomfortable with the idea, the 3/5th compromise ensured that in apportionment slaves would be counted as three-fiths of a person, also relieving some worries Northern states had about overrperesentation of slaveholding states.

Federalist 56

The limited size of the House of Representatives is adequate because representatives from different districts can provide for their local interests. The house is large enough to represent the interests of people yet samll enough to remain efficient and deliberative. As the population grows, the House will as well ensuring proportional representation. The House does not need to be so large where representatives have expert knowledge of every local detail because genreal knowledge about commerce, taxation, and the miliia will be of main concern in their fedreal purview. Federal pwoer is not unlimited and federalism has a dimension of vertical alignment for state governments to have laws for local circumstances to safegaurd specific interests.

Federalist 57

The Consitution would not create an oligarchy in the legislature or an elite-dominated House of Representatives. The system is designed to keep representatives accountable to consituent interests. A need for re-election and public scrutiny compels representatives to be discouraged from corruption but also have a self-interest in being aligned with the public good.

Federalist 58

Responds to objections that proportional representation is not guranteed. The Consitution contains privisions that ensure reapportionment based on a census. Large states’ greater population gives them natural influence and an incentive to increase representation. Senators will be 2 per state no matter what to relieve small states, and small state legislators could laso build unity amongst eachother on behalf of their state interests. The Consitution is fair in that the house will grow with the population but remain small enough to govern wisely.

Federalist 63

Argues for the necessity of thee Senate by highlighting its role in providing stability at home and abroad. A Senate provides continuity and consistency that a changing body like the House cannot. Its crucial for AMerica’s consistent foreign policy that will earn it respect andinternational confidence. Senator’s longer temrs allow it to act aginst quick and irrational impulses of the populace but in perserving liberty is still elected to be held accountable for their politicald ecisions.

Federalist 70

Provides an account of the unitary executive in order to prevent the attempt of the legislature to undercut its power. Theorizes that a unitary executive is necessary to prodive for adequate responsibility and accountablity rather than a “council” of any sort. A chief magesitrate would be able to act decisievely in natioanl emergenices and be energetic, something that would be weakened by internal divison within the branch. The presidency must be unitary and vigorous for efficiency and liberty.

Federalist 71

A four year presidential term ensures executive firmness and stability. The presidency has a term long enough to act decisively and independently from the legislature and public fleeting opinion. However, they are still accountable to the people.

Federalist 78

Explains the role, strucutre, and importance of the judiciary. The judiciary will not overpower legislative power because they regard the Consitution as fundamental law and in interpreting its meaning it proceeds any particular law from the legislative. Judges independence is crucial, judges are to hold office during good behavior but lifetime tenure allows them to remain impartial annd resist pressure from the legislature of executive. They are the weakest branch because they cannot enforc etheir rulings , and are less threatening to liberty. Courts are guardians of the Consitution, and ensure that laws violating the Consitution should be declared void. Permanent tenure also attracts qualified judges and does not compromise judicial quality. An independnet judiciary is scrucial to the rule of law in a republic.