Friday, October 14, 2011

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.)

No comments:

Post a Comment