“How Did the Constitution Guard Against Tyranny? J a me s Ma di s on wa s on e o f th e pr in c ip le au th or s of th e Ja “Federalist Papers”. They were were written written and circulated during the rati cation (approval process of the !onstitution. They were written to gain support for the !onstitution. Document A: FEDERALISM James Madison, Madison, Federalist Paper #51, 1788 “In the compound republic of America, the power surrendered by the people is rst di!ided between two distinct go!ernments, and the portion allotted to each subdi!ided among among distinct and separate separate go!ernments" go!ernments" Hence a double security arises to the rights of the people" The di#erent go!ernments will each control each other, at the same time that each will be controlled by itself"$
Note% &adison's idea of di!ision of power between central and state go!ernments is (nown as )ederalism" *pecic power di!isions can be seen in the chart below" Document Analysis +
A “compo “compound$ und$ is someth something ing made of two two or mor more e pieces pieces"" hat are the two pieces that ma(e up &adison's compound go!ernment? The central"national government and the state governments.
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hat wor word d ending ending in “ism$ “ism$ is is another another word word for this this (ind (ind of compoun compound d go!ernment? Federalism
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How does does this this compoun compound d go!ernm go!ernment ent pro!id pro!ide e “double “double securi security$ ty$ to the the people? The central and state governments will chec# each other$s power. %lso& the 'ranches 'ranches within within each level of government government will will provide chec#s chec#s and 'alances.
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-sing -si ng the chart chart abo!e abo!e,, can you you see a patter pattern n in the the types of power power the Constitution reser!ed for the *tate go!ernments? tates seem to have power over the more local and personal issues (school& marriages). marriages). These personal li'erties li'erties were too important important for the framers to put into the hands of the national government. *overnments closer to the people (the state governments would 'e more in tune with the feelings and cultures of their area.
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How doe does s feder federal alism ism guar guard d agains againstt tyrann tyranny? y?
+y distri'uting certain powers 'etween the central government and the states neither could tyranni,e (gain a'solute power over the nation or the nation$s people.
Document B: SEARA!I"N "F "#ERS James Madison, Madison, Fede$alist Fede$alist a%e$ &'7, 1788 “The accumulation of all powers, legislati!e, e.ecuti!e, e.ecuti!e, and /udiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self0 appointed, or electi!e, may be /ustly pronounces the !ery denition of tyranny1"234iberty re5uires that the three great departments of power should be separate and distinct"$
(onstitution o) t*e +SA, 1787 Article 1, Section 1 All legislati!e powers herein granted shall be !ested in a Congress of the -nited *tates, which shall consist of a *enate and House of 6epresentati!es" Article 2, Section 1, Clause Clause 1 The e.ecuti!e e.ecuti!e power shall shall be !ested in in a 7resident 7resident of the the -nited *tates" *tates" He shall hold his o8ce during the term of four years, and, 2ser!e4 together with the 9ice 7resident, chosen for the same term1" Article 3, Section 1 The /udicial power power of the -nited -nited *tates shall shall be in!ested in!ested in one *upreme *upreme Court, and in such inferior courts as the Congress may from time to time ordain and establish" The /udges, both of the supreme court and the inferior courts, shall hold their o8ces during good beha!ior1
Document Analysis +
hatt is the mai ha main n idea idea of of the the &adis &adison on 5uot 5uote? e? -f one person or group of persons gets all these powers you will have a tyranny.
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Does &adis &adison on say say it is is possibl possible e to ha!e ha!e tyranny tyranny in a democ democracy? racy? :.plain? es& he says powers can accumulate even when the government is “elective”.
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hat h at is is the the prim primar ary y /ob /ob of eac each h branc branch? h? The legislative ma#es the laws& the e/ecutive enforces the laws and the 0udicial 'ranch 0udges if the laws have 'een 'ro#en.
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hat woul would d ;ames ;ames &adison &adison say say about about allowin allowing g a person person electe elected d to the House of 6epresentati!es to ser!e at the same time on the *upreme Court? :.plain? Madison would say this is one step toward tyranny. tyranny. ou must separate law ma#ers from 0udges or you give too much power to one person.
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How does the separ separatio ation n of powe powers rs guar guard d against against tyra tyranny? nny? +y separating the three powers (legislative& e/ecutive and 0udicial& you #eep one person& person& or one group& group& from doing doing whatever they want.
Document (: (E(-S AND BALAN(ES James Madison, Madison, Fede$alist Fede$alist a%e$ &.1, 1788 “1the constant aim is to di!ide and arrange the se!eral o8ces in such a manner as that they may be a chec( on the other12The three branches4 branches4 should not be so far separated as to ha!e no constitutional control o!er each other"$
Document Analysis +
hatt is the mai ha main n idea idea in in the the &adis &adison on 5uot 5uote? e? The separation of the legislative& the e/ecutive& and the 0udicial 'ranches should should not 'e complete. 1ach should have have some chec# on the powers of the others.
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hat is one one way the legis legislatu lature re can can chec( chec( the the power power of of the chie chieff e.ecuti!e? For e/ample& the 2ouse can impeach the President.
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hat is on way the the 7resid 7resident ent can can chec( chec( the the power power of the *upr *upreme eme Court? The President can appoint mem'ers of the upreme !ourt.
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hat h at is one one way way the *upr *upreme eme Cour Courtt can chec chec( ( the *ena *enate? te? The upreme !ourt can rule a law passed 'y the enate unconstitutional.
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According Accord ing to to this docu document, ment, how how did did the framer framers s of the the Constitut Constitution ion guard against tyranny?
The framers gave each of the three 'ranches of government several ways they could limit the power of the other two 'ranches. Together these powers are called chec#s and 'alances. +y limiting power& power& chec#s and 'alances guard against tyranny 'y #eeping one 'ranch from getting more powerful than the others.
Document D: BALAN(E "F "#ER BE!#EEN LAR/E S!A!ES AND LI!!LE S! S!A A!ES (onstitution o) t*e +SA, 1787 Article 1, Section 2, House House of Representatives Representatives Clause <% 6epresentati!es1shall be appointed1according to1 2population41" The number of repr representati!es esentati!es shall shall not e.ceed e.ceed one for e!ery e!ery thirty thousand, but each state shall ha!e at least one representati!e= representati!e= and until 2a census is ta(en within three years4 the state of >ew Hampshire shall be entitled to three, &assachusetts eight, 6hode Island1one, Connecticut !e, >ew or( si., >ew ;ersey four, 7ennsyl!ania eight, Delaware one, &aryland si., 9irginia ten, >orth Carolina !e, *outh Carolina !e, and Georgia three" %rticle 3& ection ection 4& enate Clause @% The *enate of the -nited -nited *tates shall be composed composed of two senators from each state, chosen by the legislatures there of for si. years= and each senator shall ha!e one !ote"
Document Analysis +
n what what basis basis B area, area, popula population, tion, or wealth wealth B was the number number of representati!es in the House determined? Population
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hich states hich states had had the the smallest smallest repr represent esentation ation in the the House House of 6epresentati!es? How many? 5hode -sland& 6elaware& 'oth had one
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hich hic h state state had the most 6e 6epr present esentati!e ati!es? s? How How many? 7irginia& 38
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ho would would ha!e ha!e been been happier happier with thei theirr repres representat entation ion in the House, House, small states states or large states? hy? The large states 'ecause their 'igger population entitled them to more representatives and therefore more power.
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ho would would ha!e ha!e been been happier happier with thei theirr repres representat entation ion in the *enate *enate,, small states states or large states? hy? The small states 'ecause they had the same num'er of senators as
the large states.
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How did did this smal smalll state state B large large state state compro compromise mise guar guard d against against tyranny? 19ual representation in the enate protected small states from domination 'y the large large states. :ne9ual representation representation in the 2ouse 2ouse rightfully protected the more populous states from 'eing neutrali,ed 'y a minority.
