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BIOM 121 1nd Edition Lecture 7 Outline of Last Lecture II. BrutusIII. Problems (The Anti-Feds found with the Constitution)IV. Demands (Anti-Fed)V. Melancton SmithVI. Small VS. Large Republics (Brutus)VII. VideoOutline of Current Lecture VIII. Federalist 49 & 51IX. Federalist 47 – TyrannyX. Federalist 48 – Danger in LegislationXI. Federalist 49 – Amending the ConstitutionXII. Federalist 51 – Separation of PowersCurrent LectureWhat was the federalist response?Note: Sunstein article explains federalist 10 very well, we’re only going to highlight things.Federalist 49 & 51 Federalist 49 is the 5th (47-51) in a series of Madison’s essays on the same topic: once you have separated powers, how do you make sure the constitution is obeyed. What is the response to a breach of constitutional “rule of action”. Habeas Corpus: you cannot be detained by government indefinitely -> you must be brought before a magistrate. [e.g] President during war on terror. SO Madison is concerned with these “parchment barriers” since the constitution is just paper. How do you keep each branch of government in place, staying in orbit, in balance. Federalist 47 – TyrannyMadison says, it doesn’t matter how power is supposed to be distributed, if any one body holds all the power (whether king or democratic majority) this is tyranny.Federalist 48 – Danger in LegislationThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.So what do you do about the tyranny? There must be a practical security, practical barriers. He thinks the legislative branch has the most dangerous powers. There was great confidence in legislative power on the part of the people and deep suspicion of a president. He argues that this will increase the confidence of ambition in legislators, and that is a dangerous thing. Federalist 49 – Amending the ConstitutionWritten by Madison refuting Jefferson’s idea that if 2/3rds of all three branches want to change/correct aka amend the constitution, there will be a convention. Madison says, “sure, people are the fountain of power and people should be able to amend “great and extraordinary occasions” but he points out the flaws. 1. It’s too easy to convene all the time, the constitution would change frequently. 2. If the constitution changes frequently, it will be lowly regarded and it doesn’t serve as a rule of law, rather it’s subject to the whims of the people.Federalist 51 – Separation of PowersInstead, Madison argues, we should preserve the separation of powers via checks and balances.“ambition to counteract ambition”. Let’s operate on the assumption that motives will be flawed.“Least common denominator,” and let institutions do the work that better motives on the part of politicians should do. E.g. Arm the president with the veto, arm congress with…etc.Federalist 10 – Remember: antifederalists assume the government works better locally. Aka, the preservation of liberty equals small republics. Here, Madison argues that this can only happen in a large republic (only David Hume agreed with him at this point in time). Danger of small republics means that you will have a majority that will want to oppress any minority – key the argument for large republic lies in diversity


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