Federalist Paper #9

     The peace and liberty of the states as well as a defense from domestic rebellions can best be protected by a strong union. By studying history several concepts have been found, perhaps unknown to the ancients, that create a republican government allowing liberty to flourish:

1. distribution of power into distinct branches
2. legislative checks and balances
3. a court system 
4. a legislature with representatives elected by the People
5. a way to correct or avoid imperfection

     Montesquieu recommended small territories for a republic to work - smaller than our individual states. Accepting his idea would mean dividing the nation into many small, jealous, clashing, disorderly states. However, he suggested a way to accommodate the larger size by combining the best of a monarchy with the best of a republic by forming a 'confederate republic.' This assemblage of several smaller states into a new society capable of adding new states supplies security to the entire group. This form of republic should be self protecting from internal corruption, rebellion, and faction as well, by the simple fact that it would be difficult to gain overall support from more than a small geographical area.
     The Constitution would make the states part of the national government by giving them representation in the senate and leaving certain important powers in their hands.

Part 3: A republic if you can keep it

     A representative democracy gives the decision making ability to elected officials, but maintains control through the right to vote. Publius explained that the Constitution established a representative government not a democracy.  He also stated that maintaining a true republic would be difficult and require a constant watch over the balance of powers between the national and state governments by the citizens. The papers stressed that the states are to retain powers that the Federal Government cannot change or affect, and even though today our states seem to be almost useless appendages in the Federal Government, they were to be essential parts of the Constitution.  

     There are those that believe it is the government's place to create eternal peace and harmony among its citizens. Madison understood that faction is natural and a consequence of liberty. He worked at creating a government that kept this in mind to benefit society, and a republic can best control groups from having too much control. Republics historically had failed and Madison was convinced it would work in America because of its size. With larger numbers it would be much harder for specific groups to gain enough power to make real changes, and actually, time has shown the difficulty in any one party maintaining a permanent governing majority.

     Federalist Papers #52 - 77 explain how the seats of power are formed and operate as well as what powers they have and how they are checked and balanced. The House of Representatives displays a more republican approach with a representation of the people, whereas the Senate provides an equal representation of each state, bringing federalism into play (however, this has changed with the addition of the 17th amendment). Madison also pointed out that the leaders would have to play by all the same rules as everyday citizens. Unlike republics of history they would receive no special treatment. Although, I think they do receive special treatment - consider how they do no have to participate in Obama Care.

     Finally, in order for the Constitution to work as the founders planned, it was assumed the people would always be involved in public debate and understand what was going on in order to hold their leaders accountable. One can only hope that the general population will once again become involved and  do their research and truly understand what is going on instead of simply going by what sounds or looks good.

Federalist Paper #51

     Government must be able to control the governed, but it must also control itself. The primary control will be its dependence on the people, but other precautions will be necessary. Maintaining the necessary separation between the branches of government will be handled by the very relationship each branch has to the other and will keep them within their designated limits. Each branch will have a will of its own with the individual members playing as small a role as possible in the appointment of the other branches. The exception to this rule might be the Judicial Branch. Since each member must have unique qualifications and is appointed for life they would not be depending on the authority that appointed them.
     Each branch must not depend on the other branches for their salary and they must be equally allowed to defend itself to avoid the risk of being attacked or attacking another branch. The goal is to divide and arrange the departments to be able to check the other.
     The Legislative Branch is naturally going to be the strongest. In order to lesson that difference it will be divided and separated. Each group will have differing methods of election as well as having its own distinct powers and procedures. With the division and natural strengths of this branch comes the natural weakness of the executive branch which will have to be strengthened.
     Further protection from abuses of power is attained by separating state and federal governments and also by having many different types of citizens within the society making it difficult to combine together for the sake of oppressing others. As the Union becomes more diverse and with additional states being added, security for the rights of every class of citizen is increased under the republican form of government.

Federalist Papers #41-44

     Here's a summary of the goals of the governmental powers divided into categories as quoted from "The Original Argument":

1. Defense against foreign danger; (#41)
2. The regulation of commerce and diplomacy with foreign nations; (#42)
3. Maintaining harmony and proper interaction between the states; (#42)
4. Various things that are generally useful; (#43)
5. Restraining the states from certain harmful actions; (#44)
6. Making sure that all of these powers are employed effectively. (#44)

Federalist Paper #44

     James Madison continues his examination of the powers granted to the National Government with a discussion of the Constitution's restriction of state authority over the Federal Government. The individual states are not allowed to form treaties, alliances, or confederations. This provision was also in the Ariticles of Confederation.
     The states would no longer have the right to coin money. This would eliminate the great variety of possible designs and weights of coins, as well as the many expensive mints necessary for individual states. States are also denied the ability to substitute paper money for coin. This would create too many different currencies and values obstructing interstate commerce, arousing hostilities, and possibly dragging foreign countries into a conflict caused by a single state.
     A constitutional safeguard was added to protect personal security and private rights by prohibiting Bills of Attainder and ex post facto laws. Also, a ban on titles of nobility was copied from the Articles of Confederation. And the states are not allowed to lay imposts or duties on imports or exports, except where necessary for executing its inspection laws.
     The last group of powers given to the Federal Government simply allows it to make all the other powers effective. Without this power the whole Constitution would be worthless. It also binds the judges in every state to anything in the Constitution. Without this we would have "a monster, in which the head was under the direction of the members." Finally, all state and Federal officials are to be bound by oath or affirmation to support the Constitution, however, a similar oath is not required of the Federal officials with respect to the state constitutions because the Federal Government has no part in enforcing the state constitutions, but the state governments will play an essential role in enforcing the Federal Constitution.

Federalist Paper #43

     Discussions of the powers to be given to the Federal Government continue in this paper with several miscellaneous powers:

1. States are unable to adequately protect the rights of authors and inventors, therefore that power is granted to the Federal Government. This logically is compatible with the public good, both as a protection and an encouragement to continued inventions.
2. The seat of the Federal Government (Washington D.C.) is to be separate and exempt from any state control and also limited in size. The same authority over forts, magazines, etc. by the Federal Government is also necessary, however agreement must be reached with the proposed state that such things are to be located. (They seemed to have a greater fear of a state controlling the Federal Government rather than vice-versa.)
3. Congress is granted power to declare punishment of treason. The Constitution wisely does not define the crime, but instead what is required to prove it and obtain a conviction
4. Rules for admitting new states to the U.S. were added by the Convention to improve on the Articles of Confederation which had none. No new states can be formed without agreement of the Federal Government and the states involved. And new states cannot be formed by splitting a larger state nor by combining two existing smaller ones. (This one got a little heated prior to the Civil War)
5. Powers to govern territories that are not yet states are included.
6. Each state, as well as the Federal Government is required to maintain a republican form of government. They are allowed to alter it as long as it remains a republic. Protection from both foreign and domestic hostility is also guaranteed. 
7. The Convention wanted to make clear that even with the new political structure of the Constitution any and all previous debts of the U.S. would be honored. 
8. Providing a way to amend the Constitution was included. The process laid out protects it from being changed too easily, but also makes it possible to correct errors or faults from continuing on forever.
9. The conclusion of the paper simply explains that ratification of the Constitution can be acomplished with the approval of 9 of the 13 states. This is to keep one single state from having the power to stop what the remainder want. (Unanimous decisions are hard to come by.)

Federalist Paper #42

     James Madison discusses the country's relationship with foreign nations, both in commerce and diplomacy. The Constitution improved on the Articles of Confederation by not allowing individual states to regulate treaties, and it gives the Federal Government the power to not only appoint and receive ambassadors, but lower ranking officials as well.
     Another improvement the Constitution made gives the Federal Government the power to punish piracy and other felonies on the high seas, and enforce international law, keeping individual states from getting the whole country in trouble with foreign nations. States are not given the power to regulate trade from state to state, and only the Federal Government has the authority to coin and regulate money.
     In this paper James Madison is quite clear on his desire to abolish slavery. He is disappointed they were unable to stop the slave trade before 1808, but hoped during that 20 year period the Federal Government would possibly be able to abolish slavery altogether. Of course, we know that didn't happen, but we do know a good many of the founders were against slavery. With the heavily economic dependence on slavery for some of the states and the general acceptance of it at the time it is understandable why they didn't press for abolition to be included in the Constitution. If they would have made it a requirement, ratification probably would NEVER have happened, leaving our country vulnerable to be overtaken and lost.