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  • Brutus I

     |  Rethinking Union and Government

    Essay I Essay I 1 Brutus Supporters of the Constitution dubbed their opponents "Anti-Federalists." Opponents resented the label, but it stuck. The Anti-Federalist author Brutus—most likely New York lawyer Robert Yates—penned this essay, the first of sixteen, a month after the Constitution was completed. Having attended the first month of the Constitutional Convention, Yates had left, disgusted with what he perceived as a plan that would give far too much power to the central government. October 18, 1787 To the Citizens of the State of New-York: When the public is called to investigate and decide upon a question in which not only the present members of the community are deeply interested, but upon which the happiness and misery of generations ...

  • What Good's a Constitution?

     |  New Deal and Great Society

    What Good's a Constitution What Good's a Constitution? 1 Winston Churchill (1874-1965) Written soon after Franklin Roosevelt's Democratic Convention Address of 1936, this article by British statesman Winston Churchill points to the wide gulf between Churchill's and Roosevelt's economic views, even if five years later they would forge a close wartime alliance. Beyond their differences on economics, Churchill sees the American Constitution as an enduring source of strength for the American republic, not an obstacle to be overcome. August 22, 1936 No one can think clearly or sensibly about this vast and burning topic without in the first instance making up his mind upon the fundamental issue. Does he value the State above the citizen, or the citizen above the State ...

  • Progressive Democracy

     |  Progressive Rejection of the Founding

    Progressive Democracy Progressive Democracy 1 Herbert Croly (1869-1930) In this book, Croly, a leading Progressive theorist and founder of The New Republic magazine, criticizes the Founders' fear of tyranny of the majority and rejects their idea that government exists to protect individual rights. 1915 Chapter XII: The Advent of Direct Government ...If economic, social, political and technical conditions had remained very much as they were at the end of the eighteenth century, the purely democratic political aspirations might never have obtained the chance of expression. Some form of essentially representative government was at that time apparently the only dependable kind of liberal political organization. It was imposed by the physical ...

  • 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 ...

  • 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 ...

  • A Summary View of the Rights of British America

     |  Natural Rights/American Revolution

    A Summary View of the Rights of British America A Summary View of the Rights of British America 1 Thomas Jefferson Jefferson began his public career in 1769 in the Virginia House of Burgesses, the colonial legislature. British implementation of the Coercive Acts of 1774 (also known as the Intolerable Acts)—passed in response to the Boston Tea Party—prompted the "Summary View," Jefferson's first publication. Written for Virginians who were choosing delegates to the First Continental Congress, it laid the groundwork for later appeals by a "free people, claiming their rights as derived from the laws of nature." July 1774 Resolved, that it be an instruction to the said deputies when assembled in General Congress with the deputies from the other ...

  • Query XIII: Constitution

     |  Articles of Confederation

    Query XIII: Constitution Notes on the State of Virginia, Query XIII: Constitution 1 Thomas Jefferson Virginia, the most populous state, adopted its state constitution in 1776, a month before the Declaration of Independence passed Congress. Jefferson, Virginia's governor from 1779 to 1781, addressed the problems that plagued the state's first attempt at self-government in his 1784 book, Notes on the State of Virginia. 1784 The Constitution of the State and its Several Charters ...This constitution was formed when we were new and unexperienced in the science of government. It was the first, too, which was formed in the whole United States. No wonder then that time and trial have discovered very capital defects in it. 1. The majority of the men in the ...

  • 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 ...

  • First Inaugural Address

     |  Secession and Civil War

    First Inaugural Address First Inaugural Address 1 Abraham Lincoln Lincoln's First Inaugural Address, delivered a month after the formation of the Confederacy, served as a final plea for Americans to reunite. Lincoln makes clear that he has no intention to change the status of slavery in the states where it exists, having no constitutional authority to do so. He makes equally clear that secession is not a constitutional option. March 4, 1861 Fellow citizens of the United States: In compliance with a custom as old as the government itself, I appear before you to address you briefly, and to take, in your presence, the oath prescribed by the Constitution of the United States, to be taken by the President "before he enters on the execution of ...

  • Message to Congress in Special Session

     |  Secession and Civil War

    Message to Congress in Special Session Message to Congress in Special Session 1 Abraham Lincoln On April 12, 1861, a Confederate commander informed the Union forces stationed at Fort Sumter, in the Charleston harbor, of his plans to attack. The Civil War began an hour later. President Lincoln immediately called for 75,000 volunteers. Four states from the upper South seceded over the following month. With Congress out of session, Lincoln led the military effort without congressional approval for nearly three months. In this speech to Congress, which convened on Independence Day, he depicts the Confederacy as a section of the Union in insurrection rather than a foreign nation requiring a declaration of war. July 4, 1861 Fellow-citizens of the ...

  • The Emancipation Proclamation

     |  Secession and Civil War

    The Emancipation Proclamation The Emancipation Proclamation 1 Abraham Lincoln The Emancipation Proclamation, issued on September 22, 1862, promised emancipation for slaves residing in the Confederacy, unless the rebellious states returned to the Union by January 1 of the following year. The three-month deadline came and went, and slavery ceased to have legal sanction in much of the South. Although complete emancipation did not occur until the passage of the Thirteenth Amendment in 1865, Lincoln's actions earned him the nickname "The Great Emancipator." January 1, 1863 By the President of the United States of America: A Proclamation. Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and ...

  • Second Treatise of Government

     |  The Apple of Gold/Frame of Silver

    Second Treatise of Government Second Treatise of Government 1 John Locke (1632-1704) Locke's Two Treatises of Government presented a critique of the divine right of kings and outlined the principles of natural rights and government by consent. Written during the 1670s, they were not published until after the Glorious Revolution of 1688 and the passage of the English Bill of Rights in 1689. Locke was the political theorist quoted most frequently by Americans in the 1770s. 1690 Chapter II. Of the state of nature. 4. To understand political power right, and derive it from its original, we must consider what state all men are naturally in, and that is, a state of perfect freedom to order their actions and dispose of their possessions, and persons ...

  • Memorial and Remonstrance against Religious Assessments

     |  Religion, Morality, and Property

    Memorial and Remonstrance against Religious Assessments Memorial and Remonstrance against Religious Assessments 1 James Madison (1751-1836) Madison circulated the Memorial and Remonstrance anonymously in 1785 as part of the effort to pass the Virginia Statute for Religious Freedom. It appeals to Christian citizens by emphasizing that Christianity's own teachings preclude politically coerced support for particular sects, and to all citizens based on reason. June 20, 1785 To the Honorable the General Assembly of the Commonwealth of Virginia: A Memorial and Remonstrance We the subscribers, citizens of the said Commonwealth, having taken into serious consideration, a Bill printed by order of the last Session of General Assembly, entitled "A ...

  • Federalist 47

     |  Rethinking Union and Government

    Federalist 47 Federalist 47 1 James Madison Anti-Federalists argued that the Constitution violated the maxim of the French political philosopher Montesquieu that the three branches of government should be "separate and distinct" in order to guard against tyranny. Using Montesquieu's own examples and the examples of American state constitutions, Publius refutes the idea that partial overlap of the branches is dangerous to liberty. January 30, 1788 The Particular Structure of the New Government and the Distribution of Power Among its Different Parts Having reviewed the general form of the proposed government and the general mass of power allotted to it, I proceed to examine the particular structure of this government, and the distribution ...

  • Federalist 48

     |  Rethinking Union and Government

    Federalist 48 Federalist 48 1 James Madison Taking the argument of the previous paper one step further, Publius argues that overlapping branches are essential to the maintenance of separation of powers. Unless each branch possesses "practical security" against the other two, departmental boundaries will be mere "parchment barriers" and the legislative branch will likely absorb all power to itself. February 1, 1788 These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other It was shown in the last paper that the political apothegm there examined does not require that the legislative, executive, and judiciary departments should be wholly unconnected with each other. I shall undertake, in the next ...

  • Federalist 49

     |  Rethinking Union and Government

    Federalist 49 Federalist 49 1 James Madison Thomas Jefferson proposed a direct appeal to the people as a method of solving constitutional disputes among the branches. Publius argues that in addition to being dangerous, such a system would inherently favor the legislative branch. What is more, such appeals would give the impression that the Constitution is defective, thus depriving it of veneration. February 2, 1788 Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention The author of the Notes on the State of Virginia, quoted in the last paper, has subjoined to that valuable work the draught of a constitution, which had been prepared in order to be laid before a convention ...
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