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Items 21-40 of 42

  • 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 ...

  • Federalist 51

     |  Rethinking Union and Government

    Federalist 51 Federalist 51 1 James Madison Publius argues that the Constitution will maintain separation of powers by means of its "interior structure." The "great security" against tyranny is to give the members of each department the "necessary constitutional means" combined with the requisite "personal motives" to resist encroachments on their power. The fact "that such devices should be necessary to control the abuses of government" is a "reflection on human nature." February 6, 1788 The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments To what expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments as ...

  • Federalist 52

     |  Three Branches of Government

    Federalist 52 Federalist 52 1 James Madison The House of Representatives is designed, Publius explains, to be closest to the people. February 8, 1788 The House of Representatives From the more general inquiries pursued in the four last papers, I pass on to a more particular examination of the several parts of the government. I shall begin with the House of Representatives. The first view to be taken of this part of the government relates to the qualifications of the electors and the elected. Those of the former are to be the same with those of the electors of the most numerous branch of the State legislatures. The definition of the right of suffrage is very justly regarded as a fundamental article of republican government. It was incumbent ...

  • Federalist 53

     |  Three Branches of Government

    Federalist 53 Federalist 53 1 James Madison Publius often returns to the problem posed by majority tyranny. Here he expresses his preference for biennial over annual elections. February 9, 1788 The Same Subject Continued: The House of Representatives I shall here, perhaps, be reminded of a current observation "that where annual elections end, tyranny begins." If it be true, as has often been remarked, that sayings which become proverbial are generally founded in reason, it is not less true that when once established they are often applied to cases to which the reason of them does not extend. I need not look for a proof beyond the case before us. What is the reason on which this proverbial observation is founded? No man will subject himself ...

  • Federalist 55

     |  Three Branches of Government

    Federalist 55 Federalist 55 1 James Madison Under the Constitution's original formula, the House would have sixty-five members. This number was too small according to Anti-Federalists. Publius employs a number of arguments to demonstrate that the ratio of elected representatives to constituents is prudent. February 13, 1788 The Total Number of the House of Representatives The number of which the House of Representatives is to consist forms another and a very interesting point of view under which this branch of the federal legislature may be contemplated. Scarce any article, indeed, in the whole Constitution seems to be rendered more worthy of attention by the weight of character and the apparent force of argument with which it has been ...

  • 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 ...

  • Marbury v. Madison

     |  Three Branches of Government

    Marbury v. Madison Marbury v. Madison 1 John Marshall (1755-1835) Thomas Jefferson's election as president is often called the "Revolution of 1800," because it marked the first peaceful transfer of power from one political party to another. Despite its uniquely pacific character, the election's aftermath was marked by partisan rancor. The day before Jefferson took office, President John Adams commissioned fifty-eight Federalist judges. Upon assuming office Jefferson ordered his Secretary of State, James Madison, to withhold their commissions. One of them, William Mar-bury, brought a case that eventually reached the Supreme Court, where Chief Justice Marshall wrote an opinion that established the power of judicial review. 1803 Mr. Chief Justice ...

  • Virginia Declaration of Rights

     |  Religion, Morality, and Property

    Virginia Declaration of Rights Virginia Declaration of Rights 1 George Mason (1725-1792) The Virginia Declaration of Rights, drafted by George Mason as a preamble to the Virginia Constitution, is—along with the Declaration of Independence that followed a month later—the clearest statement of the social contract theory of government found in major early American documents. June 12, 1776 A declaration of rights made by the Representatives of the good people of Virginia, assembled in full and free Convention; which rights do pertain to them and their posterity, as the basis and foundation of Government. Section 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state ...

  • The Declaration of Independence

     |  The Apple of Gold/Frame of Silver

    The Declaration of Independence The Declaration of Independence With the War for Independence over a year old and hope for a peaceful resolution nonexistent, the Continental Congress appointed a Committee of Five—including Thomas Jefferson, John Adams, and Benjamin Franklin— to draft a document "declar[ing] the causes which impel [the American colonies] to the separation." Thirty-three-year-old Jefferson composed the initial draft, completing it in seventeen days. The committee submitted its draft to Congress on June 28, 1776, and on July 2, Congress voted for independence. Two days later, after numerous edits, Congress approved the Declaration of Independence by unanimous vote. July 4, 1776 The Unanimous Declaration of the Thirteen United States ...

  • The Constitution of the United States of America

     |  The Apple of Gold/Frame of Silver

    The Constitution of the United States of America The Constitution of the United States of America Fifty-five delegates from twelve states (Rhode Island declined to participate) traveled to Philadelphia to attend the Constitutional Convention, which began in May 1787. They quickly scrapped the existing Articles of Confederation, and after four months they concluded their business by adopting a new frame of government. On September 17, thirty-nine delegates signed the Constitution. It was nine months before the requisite nine states ratified the Constitution, putting it into effect. The thirteenth state, Rhode Island, did not ratify it until 1790. Subsequently, it has been amended twenty-seven times. September 17, 1787 Preamble We the People of ...

  • The Articles of Confederation

     |  Articles of Confederation

    The Articles of Confederation The Articles of Confederation Pennsylvanian John Dickinson—who declined to sign the Declaration of Independence because he believed that the states should be organized politically before declaring independence—wrote the first draft of the Articles of Confederation in 1777. Signed into effect that year and ratified in 1781, the Articles provided the structure of government for the states until the Constitution was ratified in 1788. During that period, the Articles' deficiencies became increasingly obvious, and by the time of the Constitutional Convention, few Founders, including Dickinson, defended its continuation. March 1, 1781 To all to whom these Presents shall come, we the undersigned Delegates of the States affixed ...

  • Rights of the British Colonies Asserted and Proved

     |  Natural Rights/American Revolution

    Rights of the British Colonies Asserted and Proved Rights of the British Colonies Asserted and Proved 1 James Otis (1725-1783) Otis rose to prominence in 1761, after he gave a courtroom speech opposing the Writs of Assistance—blanket warrants issued by the British for searching suspect property. He edited that speech into this essay three years later, after the passage of the Sugar Act. Its arguments contain the seed of the American Revolution—an appeal to natural rights applied against particular abuses of political power. Struck by lightning in 1783, Otis did not live beyond the Revolution. But John Adams remarked that he had never known a man "whose service for any ten years of his life were so important and essential to the cause of his country as those ...

  • Common Sense

     |  Natural Rights/American Revolution

    Common Sense Common Sense 1 Thomas Paine (1737-1809) Published anonymously in January 1776 by an Englishman who had come to Philadelphia two years before, Common Sense became the most published work of the founding era. Printed over half a million times in a nation of three million people, it made a passionate case for liberty and against monarchy. Unpopular in later life for his attacks on Christianity, Paine will always be remembered for this pamphlet—a pamphlet often said to have launched the American Revolution. January 10, 1776 On the Origin and Design of Government in General, With Concise Remarks on the English Constitution Some writers have so confounded society with government, as to leave little or no distinction between them ...

  • First Inaugural Address

     |  New Deal and Great Society

    First Inaugural Address First Inaugural Address 1 Ronald Reagan Breaking with historical precedent, Reagan's first inauguration was held on the Capitol's West Front, allowing him to refer in his speech to the presidential memorials and to Arlington National Cemetery in the distance. The first post-New Deal president to challenge the principles of the New Deal, Reagan presents his opposition in terms of reviving the idea of consent of the governed. January 20, 1981 Senator Hatfield, Mr. Chief Justice, Mr. President, Vice President Bush, Vice President Mondale, Senator Baker, Speaker O'Neill, Reverend Moomaw, and My Fellow Citizens: To a few of us here today, this is a solemn and most momentous occasion; and yet, in the history of our nation ...

  • Democratic Convention Address

     |  New Deal and Great Society

    Democratic Convention Address Democratic Convention Address 1 Franklin D. Roosevelt Having launched the New Deal, an ambitious program of political and economic re-engineering aimed at ending the Great Depression, President Roosevelt accepted his party's nomination to run for a second term. In this speech at the 1936 Democratic Convention, he defends his programs—some of which had been struck down as unconstitutional by the Supreme Court—and tags opponents as "economic royalists." June 27, 1936 Senator Robinson, Members of the Democratic Convention, my friends: Here, and in every community throughout the land, we are met at a time of great moment to the future of the Nation. It is an occasion to be dedicated to the simple and sincere expression ...

  • The Right of the People to Rule

     |  Progressive Rejection of the Founding

    The Right of the People to Rule The Right of the People to Rule 1 Theodore Roosevelt Roosevelt relinquished the presidency in 1908, believing that his Progressive legacy lay safely in the hands of his handpicked successor, William Howard Taft. Although Taft expanded many of Roosevelt's policies and succeeded in passing through Congress the Sixteenth Amendment, permitting a national income tax, Roosevelt challenged Taft in the 1912 Republican primary. Losing the nomination, he announced an independent candidacy under the banner of the Progressive or "Bull Moose" Party. In this campaign speech, he urges more direct power to the people through recall elections, referenda and initiatives, and direct primaries. March 20, 1912 The great fundamental issue now before ...

  • Farewell Address

     |  Religion, Morality, and Property

    Farewell Address Farewell Address 1 George Washington Washington had first prepared a farewell address to be delivered in 1792, upon the conclusion of his first term as president. Having been convinced to stand for a second term, he was unanimously re-elected. When he finally issued this address in 1796, it was his last public work. After nearly forty-five years of service, he retired to Mount Vernon. September 19, 1796 Friends, and Fellow Citizens: The period for a new election of a Citizen, to Administer the Executive government of the United States, being not far distant, and the time actually arrived, when your thoughts must be employed in designating the person, who is to be clothed with that important trust, it appears to me proper ...

  • Letter Transmitting the Constitution

     |  Rethinking Union and Government

    Letter Transmitting the Constitution Letter Transmitting the Constitution 1 George Washington As they affixed their names to the new Constitution, the Framers understood that their work had just begun. Four months of debate and compromise paled in comparison to the challenge of convincing the states to ratify. Unanimity was not necessary for the Constitution to go into effect—only nine of thirteen states were needed—but they knew that without the approval of the largest of the states, including New York, Virginia, and Pennsylvania, their work would be for naught. Congress sent this letter to each state to begin the ratification process. September 17, 1787 Sir: We have now the honor to submit to the consideration of the United States in ...

  • What is Progress?

     |  Progressive Rejection of the Founding

    What is Progress What is Progress? 1 Woodrow Wilson (1856-1924) After earning a Ph.D. in both history and political science at Johns Hopkins University, Wilson held various academic positions, culminating in the presidency of Princeton University. Throughout this period, he came to see the Constitution as a cumbersome instrument unfit for the government of a large and vibrant nation. This speech, delivered during his successful campaign for president in 1912 and included in a collection of speeches called The New Freedom, puts forward the idea of an evolving, or "living," constitution. 1913 In that sage and veracious chronicle, "Alice Through the Looking-Glass," it is recounted how, on a noteworthy occasion, the little heroine is seized by the Red Chess Queen ...
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