Notes for 9/11

In Federalist 10, Madison Argued that the purpose of the Constitution was to “break and control the violence of faction”a. He defines a faction in language that describes groups similar to present day political parties and special interest groups
b.Madison was most concerned about Controll the problems that stemmed from the factions made due to inequality of wealth.
c.He demonstrated that the proposed government was not likely to be dominated by any particular faction
-Majority tyranny could be checked through the representative aspect of the new government. Elected representatives could control the governement rather than the actual individuals, eliminating (in theory) the formation of factions.
-The elected representatives would posses the wisdom to serve large national interests
D. Madison Also argued that federalism would impede majority tyranny by requiring majorities from within each state and then organizing at the national level and that given the vastness of the united states, there was a probably that an outstanding majority couldn’t form.



Federalist 51 discusses the seperation of powers as well as the system of checks and balances and how they would control tyranny.



Federalist 15 was written by Alexander Hamilton. Hamilton argued that the United States had “reached almost the last stage of national humiliation as a result of the insufficiency of the present”, meaning the Articles of Confederation. In Federalist 22, Hamilton made a long list of these deficiencies.


Federalist 39 was written by James Madison. In it he illustrated how the Consititution conforms to republican principles and explains how the proposed Constitution is “Neither national nor federal; but both”



Opponents to the constitution were known as Antifederalists.
a. They attacked the Constitution on the grounds that it centralized power in a way that would destroy state sovereignty.
b.They argued for additional separation of powers and more checks and blanaces to prevent tyranny of the mahority.
c. The chief obstacle to ratification was that many prominent citizens were concered that there was no list of personal rights. Ratification was only assured with the promise of creating a document that was later known as the Bill of Rights.


The Constitution can be amended in three ways.
A. The first is described in Article V, which states that treatments of formally amending the constitution. Ammending the Constitution has only happened 27 times and is a two stage process. The first stage is the Propsal (of which there are two variations).
a. ONE: Two thirds vote of the House and Senate in favor of the proposal
b.TWO: By a national convention, summoned by the Congress, of two thirds of the state legislatures. This has never been used

The second stage is Ratification, of which there is also two variations.
c.ONE: Vote in the legistatures of three fourths of the states
d.TWO: Vote of the state conventions held in three fourths of the states


B.It can also be amended by Judicial Review.
a. Marbury V. Madison (1803) established the courts power to nullify government acts that conflicted with the Constitution.
b.Substantial Controversy exists about how best to interpret the constitution. Do we follow the original intent of the Founders, or adapt to contemporary ideals?


C.The final way to amend the Constitution can be considered “informal” and is done through political practice.
a.The constitution never says anything about some parts of the government that are really important to us today.
b.Politcal practice has changed how some instutions actually work (like the President’s cabinet)
c.For example the electoral college was suppose to exercise independent judements in voting to the president and vice president but now electors simply go with the outcome of the primary in their state.