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  • Federalist 62

     |  Three Branches of Government

    Federalist 62 Federalist 62 1 James Madison The Senate, with its equal representation of each state and members selected by state legislatures, was at once a concession to small states and a bulwark of federalism. Due to its structure, it would also lend the legislative branch stability and wisdom. February 27, 1788 The Senate Having examined the constitution of the House of Representatives, and answered such of the objections against it as seemed to merit notice, I enter next on the examination of the Senate. The heads into which this member of the government may be considered are: I. The qualification of senators; II. The appointment of them by the State legislatures; III. The equality of representation in the Senate; IV. The number of ...

  • Federalist 63

     |  Three Branches of Government

    Federalist 63 Federalist 63 1 James Madison To the Anti-Federalists, the Senate's six-year term and smaller number seemed too aristocratic. But to Publius, the selection of senators by state legislatures was a built-in protection for state interests. As a footnote to this argument, in making senatorial elections popular, the Seventeenth Amendment in 1913 changed not just the Senate, but the entire architecture of the Founders' Constitution. March 1, 1788 The Senate Continued A fifth desideratum, illustrating the utility of a senate, is the want of a due sense of national character. Without a select and stable member of the government, the esteem of foreign powers will not only be forfeited by an unenlightened and variable policy, proceeding ...

  • Federalist 70

     |  Three Branches of Government

    Federalist 70 Federalist 70 1 Alexander Hamilton To prevent the president from becoming monarchical, Anti-Federalists recommended a plural executive, shorter terms, and a one-term limit. Publius argues for the presidency as structured in the Constitution, and explains the necessity of an energetic executive. March 14, 1788 The Executive Department Further Considered There is an idea, which is not without its advocates, that a vigorous executive is inconsistent with the genius of republican government. The enlightened well-wishers to this species of government must at least hope that the supposition is destitute of foundation; since they can never admit its truth, without at the same time admitting the condemnation of their own principles ...

  • Federalist 71

     |  Three Branches of Government

    Federalist 71 Federalist 71 1 Alexander Hamilton Publius continues his defense of the presidency under the Constitution. March 18, 1788 The Duration in Office of the Executive Duration in office has been mentioned as the second requisite to the energy of the executive authority. This has relation to two objects: to the personal firmness of the executive magistrate in the employment of his constitutional powers, and to the stability of the system of administration which may have been adopted under his auspices. With regard to the first, it must be evident that the longer the duration in office, the greater will be the probability of obtaining so important an advantage. It is a general principle of human nature that a man will be interested ...

  • Federalist 72

     |  Three Branches of Government

    Federalist 72 Federalist 72 1 Alexander Hamilton Anti-Federalists argued that an executive without term limits could, through demagoguery, keep office for as long as he could manipulate the public. Publius counters that re-eligibility will encourage good behavior. Subsequently, the Twenty-Second Amendment, enacted in 1951, limited the presidency to two terms. March 21, 1788 The Same Subject Continued, and Re-eligibility of the Executive Considered The administration of government, in its largest sense, comprehends all the operations of the body politic, whether legislative, executive, or judiciary; but in its most usual and perhaps its most precise signification, it is limited to executive details, and falls peculiarly within the province ...

  • Federalist 73

     |  Three Branches of Government

    Federalist 73 Federalist 73 1 Alexander Hamilton Although all legislation originates in Congress, the executive plays an integral role through the veto power. March 21, 1788 The Provision for the Support of the Executive, and the Veto Power The third ingredient towards constituting the vigor of the executive authority is an adequate provision for its support. It is evident that without proper attention to this article, the separation of the executive from the legislative department would be merely nominal and nugatory. The legislature, with a discretionary power over the salary and emoluments of the Chief Magistrate, could render him as obsequious to their will as they might think proper to make him. They might, in most cases, either reduce ...

  • Federalist 74

     |  Three Branches of Government

    Federalist 74 Federalist 74 1 Alexander Hamilton The president can act "with secrecy and dispatch," two qualities which the legislature and the judiciary will never possess. March 25, 1788 The Command of the Military and Naval Forces, and the Pardoning Power of the Executive The President of the United States is to be "commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States." The propriety of this provision is so evident in itself and it is at the same time so consonant to the precedents of the State constitutions in general, that little need be said to explain or enforce it. Even those of them which have in other respects coupled the ...

  • Brutus XI

     |  Three Branches of Government

    Essay XI Essay XI 1 Brutus Here Brutus criticizes the power granted by the Constitution to an independent judiciary. January 31, 1788 The nature and extent of the judicial power of the United States, proposed to be granted by this constitution, claims our particular attention. Much has been said and written upon the subject of this new system on both sides, but I have not met with any writer, who has discussed the judicial powers with any degree of accuracy. And yet it is obvious, that we can form but very imperfect ideas of the manner in which this government will work, or the effect it will have in changing the internal police and mode of distributing justice at present subsisting in the respective states, without a thorough investigation ...

  • Federalist 78

     |  Three Branches of Government

    Federalist 78 Federalist 78 1 Alexander Hamilton Defending the idea of judicial review—the authority of the courts to declare a law unconstitutional—Publius denies that it leads to judicial supremacy. The courts must never substitute "will" for "judgment," as all branches of government answer to the Constitution. June 14, 1788 The Judiciary Department We proceed now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged as the propriety of the institution in the abstract is not disputed; the only questions which ...

  • Draft of the Declaration of Independence

     |  Roots of the Slavery Crisis

    Draft of the Declaration of Independence Draft of the Declaration of Independence 1 Thomas Jefferson Jefferson's first draft of the Declaration of Independence contained a critique of King George III's involvement in the slave trade. Although not approved by the entire Second Continental Congress, it indicates that the leading Founders understood the slavery issue in moral terms. 1776 ...He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobrium of infidel powers, is the warfare ...

  • The Northwest Ordinance

     |  Roots of the Slavery Crisis

    The Northwest Ordinance The Northwest Ordinance Congress of the Confederation Passed when only a single state outlawed slavery, the anti-slavery stance of the Northwest Ordinance—barring slavery in the territories, and thus in future states—gave weight to Abraham Lincoln's later argument that the Founders sought to place slavery "in the course of ultimate extinction." July 13, 1787 Article VI ...There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed ...

  • Five Founders on Slavery

     |  Roots of the Slavery Crisis

    Five Founders on Slavery George Washington, John Adams, Benjamin Franklin, Alexander Hamilton, and James Madison on Slavery None of the leading Founders ever declared slavery to be a just or beneficial institution. In fact, they hoped to see the slave trade eradicated, and eventually the entire institution of slavery made illegal. George Washington Letter to Robert Morris 1 April 12, 1786 "...[T]here is not a man living who wishes more sincerely than I do, to see a plan adopted for the abolition of it...." John Adams Letter to Robert J. Evans 2 June 8, 1819 "...Every measure of prudence, therefore, ought to be assumed for the eventual total extirpation of slavery from the United States.... I have, through my whole life ...

  • Query XVIII: Manners

     |  Roots of the Slavery Crisis

    Query XVIII: Manners Notes on the State of Virginia, Query XVIII: Manners 1 Thomas Jefferson The primary author of the Declaration of Independence, Jefferson was well aware that his ownership of slaves violated the principles he espoused. 1784 The particular customs and manners that may happen to be received in that State? It is difficult to determine on the standard by which the manners of a nation may be tried, whether catholic or particular. It is more difficult for a native to bring to that standard the manners of his own nation, familiarized to him by habit. There must doubtless be an unhappy influence on the manners of our people produced by the existence of slavery among us. The whole commerce between master and slave is a perpetual ...

  • Letter to John Jay

     |  Roots of the Slavery Crisis

    Letter to John Jay Letter to John Jay 1 Alexander Hamilton Hamilton, a founder of the New York Manumission Society, writes to John Jay, a co-founder of the Society and then-president of the Continental Congress, arguing that slaves should be allowed to fight for the American cause in the War for Independence, earning their "freedom with their muskets." Eventually, some 5,000 blacks served as soldiers in the war. March 14, 1779 Dear Sir: Colonel Laurens, who will have the honor of delivering you this letter, is on his way to South Carolina, on a project, which I think, in the present situation of affairs there, is a very good one and deserves every kind of support and encouragement. This is to raise two, three, or four battalions of negroes ...

  • Federalist 54

     |  Roots of the Slavery Crisis

    Federalist 54 Federalist 54 1 James Madison Madison here gives voice to the understanding of the South regarding the three-fifths clause of the Constitution, which required that three-fifths of the slaves in each state be counted for purposes of representation. This clause had a strange history. Most Southerners argued that slaves should be counted as full persons for voting purposes, while Northerners opposed to slavery advocated that they not be counted at all. Here Madison's "Southerner" presents the compromise position with approval, but in the process admits much of its moral illogic. February 12, 1788 The Apportionment of Members Among the States ..."We subscribe to the doctrine," might one of our Southern brethren observe, "that ...

  • Letter to the English Anti-Slavery Society

     |  Roots of the Slavery Crisis

    Letter to the English Anti-Slavery Society Letter to the English Anti-Slavery Society 1 John Jay (1745-1829) In 1777, Jay's first attempt to abolish slavery in New York failed. In 1788, the state banned the importation of slaves. By 1799, the New York Manumission Society advocated for a bill, signed into law that year by then-Governor Jay, specifying that as of July 4, all children born to slave parents would be freed by a certain age. Less than a year after the Constitutional Convention, Jay addresses concerns from his British counterparts that anti-slavery progress in America is too slow. June 1788 Gentlemen: Our society has been favored with your letter of the 1st of May last, and are happy that efforts so honorable to the nation are ...
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