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authorHolden Rohrer <hr@hrhr.dev>2020-08-28 11:06:34 -0400
committerHolden Rohrer <hr@hrhr.dev>2020-08-28 11:06:34 -0400
commita31fe44e7549912d05753c7f686ebbd29aea9cee (patch)
tree7e33168036d22cacf7eec226cc5ab8aa75040998 /rich
parentddf8574ef6fb78020d00a10eea51495a17d5524f (diff)
federalist papers
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+Federalist #15 (p. 63--68)
+
+Political disunity -> danger
+False arguments have led the people to astray.
+It is widely agreed that the confederate government is weak, but
+detractors of the federal system refuse to give it all its strength.
+64
+Nationally humiliated
+- The government cannot pay foreign or domestic debts
+- There are still outposts of foreign enemies in rightful US territory
+ Like Mississippi river.
+Ambassadors don't have any real power, so the US is a mockery abroad.
+The Confederacy cannot call upon troops.
+Land values have dropped because credit is not backed by a federal
+treasury.
+65
+Opponents of a federal system don't support giving it the powers that it
+needs (treasury, raising troops, I think).
+ More generally, refuse to give the Union any power over the states
+This lack of powers intrinsic to the Confederation has specific
+structural issues.
+The federal gov't cannot raise money or men, relying on the cooperation
+of states and individuals (i.e. powerless).
+"substitute the violent and sanguinary agency of the sword to the mild
+influence of the magistracy"
+66
+Treaties with real ties have to have real sanctions, so if the States do
+intend to stand in a protective alliance, in order to reduce infighting
+and jealousy to the instability of the nation, there must be a central
+government with
+ - the power to make and enforce laws (by coercion of the sword)
+ - the responsibility to the people rather than collective states
+67
+But, in confederacy, military coercion means war while courts and the
+magistrate have more power in a union.
+Just assuming that these won't be needed is idealist because government
+is required to restrain men.
+The Confederacy allows power-seeking by states to succeed in stalling
+the national government, when fast action is required to gain respect
+68
+Under the confederation, concurrence of thirteen wills is requisite.
+The government is failing because it isn't supported by its constituents
+
+Federalist #53 (p. 239--243)
+(oops)
+
+Annual elections as a specific time frame for ensuring democracy is a
+myth.
+240
+But having exactly one period, as defined constitutionally, for an
+election is necessary.
+In Britain, parliament extended its own rule by four years---a precedent
+dangerous to free government.
+So a fixed election cycle is sufficient and necessary, but what election
+cycle is most valuable?
+241
+Annual elections maintain freedom, but biennial elections are more
+effective.
+Lawmakers require deep knowledge of the vast states, which is easier to
+develop over the longer period of two years.
+242
+
+Federalist #51 (231--234)
+
+"The Structure of the Government Must Furnish the Proper Checks and
+Balances Between the Different Departments"
+
+The government's different chambers should be each drawn from the
+people, but some deviation is acceptable.
+The judiciary requires specific special qualifications and a permanent
+term, making the executive and legislature most qualified to make those
+initial choices.
+232
+"Ambition must be made to counteract ambition"
+ Checks and balances are personal, power-oriented motives for each
+ branch to maintain their own power by reducing/checking the ambition
+ and power of the others.
+"The private interests of every individual may be a sentinel over the
+public rights."
+Legislative is the strongest branch, so it's weakened with a bicameral
+legislature.
+But the power of executive > legislature isn't enough, so the
+legislature must be motivated to support the executive (vetos?)
+233
+State governments also protect against abuses of power on the federal
+level, so the federal government must be sufficiently divided to
+maintain this more local power ("double security").
+Basic rights should also be protected in the checks and balances /
+constitutional system.
+Tyranny of the majority is prevented by multiplicity of views at a
+social level and the judicial system at an organizational level.
+The *federal principle* maintains the *republican cause*
+
+1) According to Hamilton in Federalist #15, why is a strong central
+government needed? Please explain your answer.
+
+Hamilton argues that the Confederacy's national government has so little
+power as to make an international mockery of itself. Hamilton expects
+the government to make and enforce laws with a national militia, be able
+to conduct war/military action outside of its borders, naming a specific
+target: "Are we entitled by nature and compact to a free participation
+in the navigation of the Mississippi? Spain excludes us from it." (64)
+The idea that military intervention is the root of national power
+follows through arguments towards collection of funds and of signing of
+international treaties. Hamilton believes that the Articles of
+Confederation make the US to be an international joke: "The imbecility
+of our government even forbids them to treat with us." (64) Hamilton
+argues that the way that this would be developed in a confederacy is by
+the enforcement of war. The only way, if courts are laughable, to
+control states is by leveraging tyranny: "nor would any prudent man
+choose to commit his happiness to it." (67)
+
+2) Madison writes in Federalist #51, "Ambition must be made to
+counteract ambition". What do you think this means and why does he make
+this argument?
+
+Ambition is the personal/private interests of each branch and individual
+in the government. He sees ambition as a search for power, which is
+reasonable to expect. This essay, while spending much of its time
+apologizing for where the government doesn't appear to be sufficiently
+weakened (the executive selecting the judicial (232)). Madison also
+develops the idea of self-defense of a department against the other
+departments rather than just restriction, and the development of the
+federal system to prevent an overall unjust government (the nation) from
+opressing the people by a "double security." (232) Madison acknowledges that
+these measures are often redundant but that the best way to ensure that
+nothing gets through the cracks is this system. Finally, he declares
+that the federal system prevents the tyranny of the majority by
+preventing even the ambition of a majority group from oppressing a
+minority.