Good Thursday!

Block Starter for today (8/13) DO IT WITHOUT NOTES

• Name 2 of the weaknesses of the Articles of
Confederation.
• What did Machiavelli say in The Prince? (Hint: we read and
discussed it Tuesday)
• What is a confederation?
• What were the 3 inalienable rights that both John Locke
and Thomas Jefferson discussed.
Federalist Papers
And Federalism 
Block Starter
• What are factions?
• Which Federalist Paper described the Supreme Court?
• What did Federalist Paper 51 talk about?
 Standard(s) to Cover
GC.6 Describe the systems of enumerated and shared powers, the role of
organized interests (Federalist Number 10), checks and balances (Federalist
Number 51), the importance of an independent judiciary (Federalist Number
78), enumerated powers, rule of law, federalism, popular sovereignty, and
civilian control of the military.
Enumerated Reserved
C
O
N
C
U
R
R
E
N
T
 Federalism
• Some “powers” belong ONLY to the National governmentenumerated
• Some “powers” belong ONLY to the state governmentreserved
• Concurrent powers mean that certain powers are controlled by both
national AND state government
• The separation between national and state governments is called federalism
Federalist Papers
 Historical Background
• Constitution is signed in 1787
• 9 of the 13 states needed to ratify the Constitution (formally adopt)
• Two factions emerged
• Federalists
• Anti-Federalists
Federalist Number 10
 Federalist Paper #10
• Faction (political party or group)
• Causes of Faction
• Religion
• Political Opinion
• Ambition
• Problem for modern governments:
• How to regulate (control) factions so that they do not infringe on rights of others
• How to protect factions from each other and prevent one from becoming dominant
politically
 Federalist Paper #10
• Curing the problems caused by factions
• Remove the causes (2 possible ways)
• 1. By destroying individual liberty (Worse than problems)
• 2. By everyone’s thinking the same way, feeling the same
things, and wanting and acting to gain the same advantage
(improbable)
 Federalist Paper #10
• Argued for a Representative Democracy
• Representative Democracy is based on the 2 major principles of:
• Separation of powers
• Federalism (ex. State and federal govt. both can tax and establish
courts)
 Federalist Paper #10
• “… that our governments (in the world) are too unstable, that the public
good is disregarded in the conflicts of rival parties, and the measures are too
often decided, not according to the rules of justice and the rights of the
minor party, but by the superior force of an interested and overbearing
majority.”
• Summarize in your own words
 Federalist Paper #10
Summary

• Most countries in the world are unstable. Most groups

are concerned more with what could benefit their group
rather than what is best for the entire society. The
majority has so much influence that often the rights of
the minor party is disregarded.
 Summarize the following quote;

• “…Extend the sphere, and you take in a greater variety of parties

and interests; you make it less probable that a majority of the
whole will have a common motive to invade the rights of other
citizens; or if such a common motive exists, it will be more
difficult for all who feel it to discover their own strength, and to
act in unison with each other.”
Federalist #51
 FEDERALIST PAPER #51
• The Need for Separation of Powers
• Each branch of government should have a will of its own.
• In order for the government to survive, its structure must be such that:
• It has the power to control the citizenry
• It must control itself.
• “Unbridled power, by individuals or by government itself, is to be feared.”
 FEDERALIST PAPER #51
• At both the national and state level power is given to each of 3
branches: executive, legislative, and judicial.
• Each department is to act as a check on the others.
 The Addition of the Bill of Rights
• The Anti-Federalists argued for the addition of the Bill of Rights
• It will be added in 1891 – two years after the Constitution was ratified
• A “Bill of Rights” protects against tyranny of the majority
• Bill of Rights limits the powers of the federal government and state
governments.
Federalist Paper #78
 FEDERALIST PAPER #78
• “According to the plan of convention, all judges who may be
appointed by the United States are to hold their offices during good
behavior.”

• Write down why you think they serve for life

• “The judiciary, has no influence over either the sword or the purse; no
direction either of the strength or of the wealth of society; and can
take no action resolution whatsoever.”
• The Supreme Court can only REACT to cases presented to it.
 FEDERALIST PAPER #78
• “The interpretation of the laws is the proper and
peculiar province of the courts.”
• Chief justice John Marshall uses virtually the same
language in Marbury v. Madison to declare the doctrine
of judicial review.
• Judicial Review- The Supreme Court reviews all laws and
executive actions to make sure they abide by the Constitution.
• The constitution as the Supreme law of the land should
take precedence over any subsequent law (supremacy
clause), just as the will of the people ought to take
precedence over the will of any elected representative.
 In Other Words…
• The Supreme Court interprets the laws and reviews the actions of the
executive branch.
• It is the job of the Supreme Court to make sure that the actions of the
President abide by the constitution (that he is following the constitution).