The Extended Republic and Republican Government (Federalist Nos. 10, 14, and 39)
This is the term James Madison uses in Federalist No. 10 for a group of citizens—whether a majority or minority—united by a common passion or interest that may threaten others' rights or the public good.
What is a faction?
Federalist No. 47 warns that liberty is endangered when legislative, executive, and judicial power are concentrated in the same hands. This principle is being defended.
What is separation of powers?
Federalist No. 70 argues that effective executive power is best secured through this arrangement, rather than a plural executive council.
What is a single, unitary president?
Federalist No. 78 describes this branch as the “least dangerous” because it has neither the power of the purse nor the power of the sword.
What is the judicial branch?
In Federalist No. 84, Hamilton argues that a national bill of rights is unnecessary in part because the federal government possesses only delegated powers. This means that the government may act only when authorized by this.
What is the Constitution?
According to Federalist No. 10, this feature of the proposed Constitution would make it less likely that one majority faction could coordinate oppression across the entire nation.
What is an extended republic containing many competing interests?
In Federalist No. 51, Madison argues that each branch must have constitutional means and personal motives to resist encroachments by the others. This arrangement is called this.
What are checks and balances?
Hamilton argues that one chief executive makes it easier for citizens to identify who deserves credit or blame for executive decisions. This quality is called this.
What is accountability?
Hamilton argues that courts must prefer the Constitution to ordinary laws when the two conflict. This duty supports this doctrine.
What is judicial review?
Hamilton also warns that listing certain rights might imply that unlisted rights are not protected. This concern is most directly addressed by this amendment, which recognizes that people retain rights beyond those specifically enumerated.
What is the Ninth Amendment?
In Federalist No. 14, Madison argues that a republic can govern a large territory because citizens elect representatives rather than assembling personally to make every law. This describes this form of government.
What is a representative democracy?
“Ambition must be made to counteract ambition” is Madison’s explanation for why this feature of government protects liberty.
What is the ability of each branch to check the others?
Hamilton uses this phrase to describe the qualities necessary for an effective executive: unity, duration, adequate support, and competent powers.
What is energy in the executive?
Federalist No. 78 supports this protection for federal judges, provided they maintain good behavior, in order to promote independence from political pressure.
What is life tenure?
This was a central Anti-Federalist objection to the proposed Constitution: the new national government might become too powerful and threaten individual liberties without explicit protections.
What is the absence of a bill of rights?
Federalist No. 39 identifies this principle when it explains that the Constitution derives its authority from the people and that government officials ultimately remain accountable to them.
What is popular sovereignty?
This is the constitutional power Congress uses when it removes a president, vice president, or federal civil officer after impeachment by the House and conviction in the Senate.
What is the legislative check of impeachment and removal?
A president’s authority to reject a bill passed by Congress illustrates this constitutional check associated with the executive branch.
What is the veto power?
This landmark 1803 Supreme Court decision is most closely associated with establishing the Court’s power to invalidate an act of Congress that conflicts with the Constitution.
What is Marbury v. Madison?
This Anti-Federalist writer, often identified as the author of the Brutus essays, argued that the necessary and proper and supremacy clauses could allow excessive consolidation of national power.
Who is Brutus?
Federalist No. 39 calls the proposed Constitution partly national and partly federal because it divides power between the national government and the states. This constitutional arrangement is known as this.
What is federalism?
This is the Supreme Court’s power to declare a law or executive action unconstitutional, a key example of a judicial check on the other branches.
What is judicial review?
This constitutional mechanism prevents the president’s veto from being absolute by allowing Congress to enact a bill over the objection of the president.
What is a two-thirds override vote in each house of Congress?
Hamilton’s argument that an independent judiciary protects the Constitution against temporary popular majorities is most directly connected to this broader principle.
What is constitutionalism, or limited government under a higher law?
The first ten amendments were added after ratification largely to answer Anti-Federalist concerns. Collectively, they are known by this name.
What is the Bill of Rights?