Federalists and Anti-Federalists Readings

Vigilance against tyranny and domination

The need to be vigilant and cautious against the threat of tyranny and domination, as expressed by Mercy Otis Warren in her observations on the new Constitution in 1788.

Ambiguities in the Constitution

Mercy Otis Warren criticizes the Constitution for its ambiguities and undefined provisions that she believes can be exploited to establish an aristocratic tyranny.

Opposition to arbitrary power

Warren denounces the efforts of those supporting arbitrary power, emphasizing the importance of maintaining the freedom and dignity of the country.

Republican form of government

Warren argues that the Republican form of government, with features of monarchy and aristocracy, is problematic and questions the necessity of adopting the federal republic government.

Annual elections and responsibility

Warren asserts that annual elections are vital for maintaining integrity and honor in government, emphasizing the fundamental principle of equal representation of a free people.

Lack of freedom of conscience and press

Warren expresses concern about the absence of security for rights of conscience and the liberty of the press in the proposed system, warning against potential despotism and censorship.

Unclear judiciary powers

Warren criticizes the lack of well-defined limits on the judiciary's powers, considering it dangerous and difficult to comprehend.

Blending of executive and legislative powers

Warren argues that the blending of executive and legislative powers in the Constitution, due to ambiguous terms, is cause for alarm.

Abolition of trial by jury in civil cases

Warren criticizes the abolition of the right to a trial by jury in civil cases.

Opposition to standing army

Warren argues against the idea of a standing army, fearing its potential use to suppress dissent and undermine civil authority.

Guarantee of republican form of government

Warren doubts the meaning and effectiveness of the guarantee of a republican form of government to every state, expressing concerns about the lack of resources for state governance and debt payment.

Congressional salaries and drain on public money

Warren expresses concern about Congress determining its own salaries, fearing significant drainage of public money.

Lack of term limits and checks

Warren criticizes the absence of term limits or provisions preventing the perpetuity of office, highlighting the importance of checks against overbearing officials.

Supreme Federal Court jurisdiction

Warren objects to the wide jurisdiction of the Supreme Federal Court, considering it excessive and encroaching on personal liberty, life, and property matters.

Inadequate representation

Warren finds the representation of one Representative per thirty thousand inhabitants inadequate and opposes Congress's interference with the regulations for choosing Representatives.

Aristocratic concentration of power

Warren criticizes the limited number of electors in each state, which she believes concentrates the choice of the first magistrate in an aristocratic group and allows for despotism.

Perpetuity of Senate appointments

Warren warns that a Senate chosen for six years could effectively become a lifelong appointment, contradicting the principles of a free government.

Lack of a Bill of Rights

Warren points out the absence of a bill of rights to protect against power encroachments, arguing for the explicit protection of individual rights.

Impracticality of single legislature

Warren argues that a single legislature governing a vast territory is impractical and unworkable.

Unanticipated scope of constitutional changes

Warren asserts that state legislatures did not anticipate the extent of change proposed by the Constitutional Convention, criticizing the destruction of state governments and the offering of a consolidated system.

Ratification of nine states

Warren sees the provision stating ratification by nine states as divisive and potentially leading to anarchy and civil strife.

Hasty recommendation to the people

Warren criticizes the attempt to force the Constitution on the people without proper advice and understanding, disregarding the sovereignty of the states and the independence of their governments.

Dangers of faction

James Madison highlights the dangers of factionalism and its potential harm to popular governments, acknowledging the fall of popular governments due to instability, injustice, and confusion caused by factions.

American Constitution improvements

Madison praises the American constitutions for making valuable improvements on ancient and modern popular government models, but acknowledges that the dangers of factionalism still exist.

Public distrust and alarm

Madison notes the increasing distrust of public engagements and concerns for private rights, as governments are seen as unstable and conflicts arise between rival parties.

Definition of faction

Madison defines a faction as a group of citizens, driven by a common impulse of passion or interest, that goes against the rights of other citizens or the collective interests of the community.

Curing faction mischief

Madison outlines two methods for addressing the problems caused by faction:removing the causes of faction and controlling the effects of faction.

Removing causes of faction

The first method involves either destroying the liberty that sustains faction or making every citizen share the same opinions, passions, and interests. Madison rejects the idea of destroying liberty and deems uniform opinions impractical.

Diversity and protection of property

Madison emphasizes the diversity in people's faculties, which gives rise to property rights, and argues that protecting these diverse faculties is essential.

Controlling faction effects

Madison concludes that the causes of faction cannot be eliminated and the focus should be on controlling its effects, preventing a majority from having the same passion or interest at the same time and rendering a majority unable to coordinate oppressive schemes.

Ineffectiveness of pure democracy

Madison argues that a pure democracy offers no cure for faction, as common passions or interests typically exist among the majority, leading to the suppression of the weaker party or individuals.

Balancing public good and private rights

The primary goal is to secure the public good and private rights while preserving the essence of popular government, redeeming its reputation and making it more appealing to people.

Means to control faction

Madison explains that controlling faction is achievable through preventing a majority from having the same passion or interest at the same time and rendering a majority, with coexistent passions and interests, unable to coordinate oppressive schemes.

Ineffectiveness of moral and religious motives

Madison asserts that moral and religious motives alone cannot adequately control factions when the impulse and opportunity coincide.

Challenges of impartiality

Madison highlights the challenges of achieving impartiality in matters like tax apportionment, as powerful factions may prioritize their own interests over justice, even for enlightened statesmen.

Legislators as parties

Madison points out that legislators often represent the interests of specific groups, which can lead to bias and conflicts of interest in decision-making.

Interests and parties in society

In a complex and civilized society, various interests naturally emerge, such as landed, manufacturing, mercantile, and moneyed interests, which introduce the spirit of party and faction into government operations.

Challenges of legislation

Legislation often deals with the regulation of conflicting interests, such as those between creditors and debtors or landed and manufacturing classes, resulting in different decisions depending on the interests involved.

Challenges of impartiality

Madison highlights the challenges of achieving impartiality in matters like tax apportionment when powerful factions may prioritize their own interests over justice.

Controlling faction effects

Madison concludes that the causes of faction cannot be eliminated and, therefore, the focus should be on controlling its effects, preventing a majority from having the same passion or interest at the same time and rendering a majority unable to coordinate oppressive

Pure democracies

Often marked by turbulence, contention, and a lack of personal security or respect for property.

Republic

Employs representation, offers a different perspective, and potential solution for addressing faction.

Delegation of government

A republic delegates the government to a small number of elected representatives.

Representation

Refines and enlarges public views by passing them through the judgment of chosen citizens who prioritize the country's true interests.

Small vs

The question of whether small or extensive republics are more favorable to electing proper guardians of the public weal depends on two key considerations.

Balancing Representation

Both small and large republics have their own set of inconveniences, and the federal Constitution achieves a balance between these extremes.

Extended Republic

A larger, extended republic is more effective in controlling the effects of faction.

Reducing the Impact of Factions

An extended republic is less susceptible to factious combinations due to its size.

Advantages of an Extended Union

The advantages of a republic over a democracy in controlling faction are also enjoyed by a large republic over a small one.

Security of a Diverse Union

The greater variety of parties within the Union enhances security against any one party becoming overwhelmingly powerful and oppressing the rest.

Preventing Localized Factions

Factions may incite turmoil within their particular states, but their influence will not easily spread throughout other states.

Republican Remedy for Republican Government

The extended union's structure serves as a republican remedy for the issues most common in republican governments.

Summary of Observations on the New Constitution

A list of concerns and critiques regarding the new republican government and the Constitution.

Preventing Factions

Citizens united by common interest or passions that go against the rights of other citizens and the greater good of the community.

Cons of a Pure Democracy

Turbulent and often fail to prevent factions.

Differences between Democracies and Republics

Greater number of citizens and greater sphere in a republic, which helps prevent factions more effectively.

Delegation of Government

In a republic, a small number of citizens are elected as representatives.

Effects of Delegation

Enlarges public views and passes them through a body of chosen citizens who are more likely to discern the true interests of the country.

Small vs

The question of whether small or large republics are more favorable to the election of proper representatives.

Balancing Representation

The Constitution strikes a balance between the number of electors to prevent factions and the need for representatives to be acquainted with local and national interests.

Advantages of an Extended Union

The advantages of a large republic over a small one in controlling the effects of factions.

Security of a Diverse Union

The greater variety of parties within the Union enhances security against any one party becoming overwhelmingly powerful.

Preventing Localized Factions

Factions may affect certain states but will be unable to spread to the whole Union.

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