Federalist Papers Flashcards
Federalist 78
Need an independent federal judiciary to protect against majoritarianism and other branches
Federalist 81
Independent federal judiciary is needed for federal questions to protect against bias and provide finality in decisions
Federalist 51
Ambition must be made to counteract ambition—works like hydraulic pressure so government officials will work to guard their own powers and push back against others’
Federalist 39
(You’re not mine) The Madisonian check means the people can vote elected officials out of office, which restrains federal power (and nullifies any need for a Bill of Rights)
Federalist 84
(Don’t need no more) Written Constitution should be enough; no need for Bill of Rights
Federalist 47
Without separation of powers and hydraulic pressure, branches will infinitely expand their own powers
Federalist 48
(Restraint is great) Separation of powers doesn’t have to be total, but there should be constitutional restraints on each branch
Federalist 49
(People confine, that’s by design) People are the only legitimate fountain of power (Jefferson); it should be rare for them to correct the Constitution—they have other means of redressing grievances
Federalist 67
No need to worry about an overly strong executive; he’s not a monarch and the people will motivate him to adhere to their interests
Federalist 68
(EC will designate) While it’s good for the people to vote, they should indicate those preferences through an Electoral College which can discern those desires and vote on their behalf
Federalist 69
(He’s not divine) Constitutional limits means the President is difference from a king
Federalists 70-77
(Protection against rebellion) Written post-Shays’ Rebellion; need for an energetic executive to protect against mob rule and allow him to carry out his duties
Federalist 21
Three main problems with the Articles of Confederation:
1. No mutual guarantee between states
2. Federal government can’t raise money
3. Voluntary contributions don’t work (defense)
Federalist 22
Six main criticisms of the Articles of Confederation:
1. No commerce powers
2. No foreign affairs power
3. No structure or proportionate representation
4. No power to raise armies
5. No federal judiciary
6. Constitution should be ratified by the states