discussion post

Federalist 37-46

Federalist 37-40: Combining Republicanism with Energy and Stability

Federalist 37:

I. Energy and Stability needed for good government a. constitution can be neither abstract nor give precise dimensions of power b. powers cannot be completely distinct

Federalist 38:

I. The Constitutional Legislator a. the necessity for constitutions b. the necessity for unanimity through a sagacious and benevolent mind

c. the case of the Athenians, Spartans, and Romans II. The Opposition

a. admit of necessity for a sagacious constitution but offer no unanimous alternative

Federalist 39:

I. The Government of the United States is both national and federal a. the case of the House and the Senate b. the case of the President

Federalist 40:

I. Justifying the Mandate to create a new constitution.

Federalist 41-46: Federal Powers and the Dangers of Federalism

Federalist 41:

I. Two Views of the Constitution a. Sum of Powers i. security against foreigners ii. diplomacy iii. harmony among states iv. restraint of states v. provisions for giving due efficacy to the powers themselves

b. Distribution of Powers

Federalist 42: I. Regulation of Foreign Affairs and Foreign Commerce

a. slavery (importation to end in 1808) b. punish piracy and crimes against laws of nations c. unified understanding of naturalization and bankruptcy d. establish currency exchange through national standard e. establish standards for state judicial proceedings and especially with

respect to bankruptcy f. establish a post office

Federalist 43:

I. Powers a. securing patent rights b. supreme authority c. declare treason d. admission of new states e. make laws governing new territories f. guarantee that all states are republican g. judge between states h. declare debts under the Articles to be valid i. ¾ amendment ratification j. 9 states sufficient for ratification of the Constitution

Federalist 44:

I. Restrictions on States a. no foreign policy b. no currency

Federalist 45:

I. Issue: Will the sum of the powers be dangerous?

Federalist 46:

I. The Nature of Loyalty a. loyalty will be to the state b. federal representatives will tend toward the state interest c. federal encroachment on states would sound an alarm