Auxiliary PrecautionsFederalist Papers #51Articles of Confederation – WeaknessesElder Oaks talk on Civic VirtuesAdvantages of a Large RepublicConstitutional Convention1st Amendment rightsAll Amendments to the ConstitutionShay’s RebellionState Constitutions – Weaknesses and ProblemsJudicial IndependenceTerms in Office for:The Six “Just and Holy Principles” by Gary MarshallHow a Bill becomes lawSeparation of PowersElectoral CollegeJoseph Smith – Prophecy about the ConstitutionDivision of PowersDelegated powers of Congress“Necessary and Proper” clause of the ConstitutionArticle VII of the ConstitutionExam 2 Study GuideAuxiliary Precautions Separation of powerDivision of power aka FederalismFederalist Papers #51"In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." – James MadisonThe national and state government must be able to control itself by not taking advantage of the power that the people give them. Madison also states in Federalist 51 that the constitution solves this because of the auxiliary precautions that it states."Pure democracy is the most vile of government..." He said this because if everyone were to voteabout everything unconstitutional things would occur.Articles of Confederation – WeaknessesToo much power to the states. No federal government. So the central government was weak and the states could not operate together easily. Each state could make own foreign policy.To make any changes to the articles it had to be a unanimous agreement of the 13 colonies. Major laws needed 9/13 for approval.No separation of Executive government – carry out and enforce acts of congress.NO court system to interpret lawNo standing army to protect from invasionWar left a large debt, but congress could not collect taxes – just ask for money from the statesElder Oaks talk on Civic VirtuesElder Oaks closes his article by encouraging us to practice "civic virtue." The one word that he says best describes civic virtue is: patriotism Advantages of a Large RepublicThe tyranny of one faction cannot exist with a large republic. James Madison found that in small republics it was quite easy for one faction to gain control. Before the convention Madison felt that the only way to suppress factions was to have equal representation in small republics. At the convention with opposing views he realized that this idea was wrong, and that a larger republic would be safe from one faction. In a large republic it is difficult for one faction to have representation with so many other voices. In the Federalist Papers number 10 James Madison wrote: “It may well happen that the public voice, pronounced by the representatives of the people will be more consonant to the public good than if pronounced by the people themselves.”By voting for representatives we decide whose voice will be heard best through that representative.Constitutional Convention- Virginia PlanMany of the delegates were afraid to have a strong national government, so Governor Randolph of Virginia presented the Virginia Plan as a a way to 'correct and enlarge' the articles of confederation. Randolph's proposal said that the corrections should be made so that they might actually accomplish thegoals of the articles of confederation "common defense, security of liberty and the general welfare. "Some of the delegates that wanted a strong national government were upset that Governor Randolph did not just come out and say that the resolution would make a stronger national government. So Randolph modified the initial resolution to read: "Resolved, That it is the opinion of this committee, that a national government ought to be established, consisting of a Supreme Legislative, Executive, and Judiciary." This resolution created a clear divide between those that wanted a new form of government and those that had only wanted to modify the Articles of Confederation.- Role of Washington, Madison- Great CompromiseI believe James Madison was concerned about and focused on proportional representation because it best represented the voice of the people.Factions are groups organized around influential politicians or competitive interests. Small factions in Rhode Island had already caused many problems, and Rhode Island by itself was unable to calm the situations. Madison argued that by uniting, factions would continue to exist, however, they would not reach the levels of influence as seen in Rhode Island. Hypothetically, if one faction began rising in power, the rest of the union, or other factions, would fight against it. He hypothesized that "factions in an extended republic would contend with one another in an endless game of 'king of the mountain,' pulling each other from the pinnacle of power the moment any single contender threatened to succeed."Representation was eventually solved by the Grand Committee with the idea known as the Grand Compromise. Congress was formed with a Senate and a House of Representatives. The Senate was comprised of two Senators from each state, who shared an equal vote as they were accustomed to with rights granted in the Articles of Confederation. The House of Representatives was made up of representatives elected by the people in accordance to population in each state (proportional representation). State with higher population had more representatives and vice-versa. The House of Representatives guaranteed the voice of the people, while the Senate guaranteed that the States all shared an equal voice in matters.The revised statement to the Virginia Plan divided those of the delegates who wanted to create a new form of government and those who only sought to revise the Articles of Confederation. Having been specifically charged by the Congress of the Confederation to propose amendments to the Articles of Confederation, many delegates believed it would be a violation of their duty to do away with the Articlesaltogether and create a new government. As a result the resolution barely received a majority votes from the state delegations and two-thirds of the New York delegation left the convention over the issue. Fortunately, most delegates realized that even tough creating a new government went beyond their original instructions, something had to be done to fix the problems in the government under the Articles of Confederation, and therefore