The Federalist Papers

1. The Federalist Papers 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. Federalist Paper #10 “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.” Federalist Paper #78 “Unbridled power, by individuals or by government itself, is to be feared.” Federalist Paper #51

2. Pair-Share Person A: What did the Federalists believe in? Person B: Name two important Federalist leaders. Person A: Why did they write the Federalist Papers? Person B: What were the Federalist Papers?

3. Standards Standard 12.1.4: Explain how the Founding Fathers' realistic view of human nature led directly to the establishment of a constitutional system that limited the power of the governors and the governed as articulated in the Federalist Papers. Standard 12.1.5: Describe the systems of separated and shared powers, the role of organized interests (Federalist Paper Number 10), checks and balances (Federalist Paper Number 51), the importance of an independent judiciary (Federalist Paper Number 78), enumerated powers, rule of law, federalism, and civilian control of the military.

4. The Federalist Papers • Written from 1787-1788 • Series of 85 essays explaining the principles and structure of the Constitution, to gain support • Written under the pseudonym of Publius JohnJay Alexander Hamilton James Madison

5. Federalist Paper #10 Objective Student will be able to describe the systems of separated and shared powers and the role of organized interests described in Federalist Paper Number 10.

6. Federalist Paper #10 • We have a compound republic where power flows from the people to the national and state government. The Federal System FEDERAL The supremacy clause states the Federal law is supreme to State and local law. STATE LOCAL

7. Choose 3 powers for each & fill in your diagram

8. Pair Share • The United States has a republic where power flows from the ____________ to the _______________ & ______________________.

9. Federalist Paper #10 • Faction (political party or group) • Causes of Faction • Religion • Political Opinion • Ambition • Problem for modern governments: • How to regulate (control) factionsso that they do not infringe on rights of others • How to protect factionsfrom each other and prevent one from becoming dominant politically

10. 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)

11. 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)

12. Pair Share • What is one of the problems with factions? One of the problems that modern governments have with factions is _________________. • What is an example of a modern faction? An example of a modern faction would be _________________.

13. Carries Out Separation of Powers Laws Interprets Makes

14. The Legislative Branch Senate floor House of Representatives Senate floor Senate Hearings

15. The Executive Branch

16. The Judicial Branch [ Judicial Review ] Interprets the Law

17. You will read a statement from Federalist Paper #10 and with your team you will rewrite it in your own words. • Lets do one together first!

18. 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

19. Federalist Paper #10Summary • 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.

20. 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.”

21. Pair-Share • Madison believed that a system of checks and balances was needed to protect self-interests from grabbing power. • Do you agree or disagree? • What idea from Federalist #10 do you agree with the most? • What do you disagree with? • Explain your answers.

22. Federalist Paper #51 Objective: Students will be able to describe checks and balances (Federalist Paper Number 51),

23. 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.”

24. FEDERALIST PAPER #51 • At both the national and state level power is given to each of 3 branches: executive, legislative, andjudicial. • Each department is to act as a checkon the others.

25. Film Clip: Checks & Balances

26. Legislative Checks On the Judicial Executive * Create lower federal courts Legislative Checks On the Executive * Can impeach and remove judges * Confirms executive appointments * Approves appointments of federal judges * Ratifies treaties * Can propose amendments to overrule judicial decisions * Appropriates money * Can override President’s veto * Can impeach and remove President Judicial Legislative

27. * Can propose laws Executive Checks On the Legislative * Can veto laws Executive Checks On the Judicial * Makes appointments Executive * Appeal to the people * Appoints federal judges * Can call special sessions of Congress • Both Supreme Court Justices, and federal judges Legislative Judicial

28. Executive Judicial Checks on the Executive Branch * Can declare Executive actions unconstitutional * Can declare acts of Congress unconstitutional Legislative Judicial Judicial Checks on the Legislative Branch

30. Pair Share • Explain how separated powers and checks and balances protects individual rights and at the same time protects public good.

31. The Addition of the Bill of Rights • The Anti-Federalistsargued 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.

32. Film Clip: The Bill of Rights

35. Ticket out the door: • Answer the following questions: • 1. How does Madison argue that the strong central government established by the Constitution assures the “preservation of liberty”? How does the organization of the branches of government reflect Madison’s view of human nature? • 2. What is Madison’s concern regarding the rights of the “minority’ in the U.S.? How does he predict that the nature and composition of the American republic will prevent the rights of the minority from being threatened?

36. Federalist Paper #78 Objective: Students will be able to describe the importance of an independent judiciary (Federalist Paper Number 78)

37. Pair-Share Why do you think the framers of the Constitution created a separate Judicial Branch? In other words, why is the judiciary not included in either the Legislative or Executive Branches?

38. 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.

39. 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.

40. 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).

41. Wrap-Up • Why do you think the framers of the Constitution created a separate Judicial Branch? • In other words, why is the judiciary not included in either the Legislative or Executive Branches?

42. Group Activity: An Independent Judiciary • The Framers established an independent judiciary because they realized the judges would sometimes have to make difficult decision that the law requires but that are unpopular with a majority of the citizenry. Without the protections afforded to the judiciary by the Constitution, the federal courts may not have been able to issue decisions in the following cases that have had a dramatic impact on American life and law.

43. Group Activity: An Independent Judiciary • Read the following court cases and complete the corresponding worksheet • Person #A: Baker v. Carr (1962) • Person #B: Gideon v. Wainwright (1963) • Person #C: U.S. v. Nixon (1974) • Person #D: Texas v. Johnson (1989) • Lets do one together…

44. Brown v. Board of Education (1954) • In Plessy v. Ferguson (1896), the Supreme Court sanctioned segregation by upholding the doctrine of “separate but equal.” The NAACP disagreed with this ruling, challenging the constitutionality of segregation in the Topeka, Kansas school system. In 1954, the court unanimously reversed its Plessydecision, declaring that “separate schools are inherently unequal.”

45. Brown v. Board of Education (1954) • This case demonstrates how judicial independence was necessary to protect the civil rights of all citizens. Due to the support of discriminatory laws in certain parts of the country, African-American citizens could not always turn to the elected branches of government to protect their constitutional rights. Instead, they turned to the federal courts. Being above politics and not directly susceptible to public opinion, the Courts were able to provide these citizens with the relief the Constitution demanded.

46. Summary of Case • The NAACP disagreed with the Plessy v. Ferguson ruling & challenged the constitutionality of segregation in the Topeka, Kansas school. In 1954 the Court overruled the Plessydecision and declared that “separate schools are inherently unequal.”

47. Reasons given for a need for an “independent judiciary” • This case demonstrates how important it is to have an independent Judicial system to protect the civil rights of all citizens. • The Courts are above politics and not susceptible to public opinion, giving them the freedom to provide citizens with their constitutional rights.

48. Get into your teams from yesterday and share your court cases with the other three students and complete the worksheet: • “Need for an Independent Judiciary”

49. The Federalist Papers Review • Use the template you have to construct sentences about the Federalist Papers. Use the words provided to fill in your sentence. On the right side of your paper write your sentence(s). When you are finished take out a piece of paper and put all your sentences together to build a paragraph. Use transitions to connect your sentences.