discussion post

Federalist 62-66: The Senate

Federalist 62:

I. Qualifications: a. 30 years of age b. 9 years as a citizen

II. Appointed by state legislature (now elected, 17th amendment 1913) III. 2 senators per state to serve 6 year terms

a. fewer men guards against sudden and violent passions b. longer term contributes to experience and wisdom in law making c. longer term also contributes to stability d. stability necessary to guard against contempt from other nations e. changing laws create disobedience from within f. stability will keep the energetic and enterprising from exploiting the

passions of the people g. stability will enforce the habit of industry in the people h. stability will encourage commerce

Federalist 63:

I. Senate provides national character II. Senate provides responsibility to the people’s projects III. Senate provides correction to the errors of the people IV. The Senate further guards against the involvement of the people in their

collective capacity in government V. The House will threaten encroachment upon the Senate rather than vice-versa.

Example of the British

Federalist 64:

I. 2/3 of senators required to ratify treaty II. men of ability and virtue involved in treaties III. age requirement makes for both more wisdom and better representation

through familiarity with people IV. the President can manage intelligence on the basis of prudence because of the

need for perfect secrecy and dispatch but treaties can not be repealed at pleasure and therefore require consent

Federalist 65:

I. Power to share in appointments and to judge in case of impeachment a. neither the House nor the Court should judge impeachment

i. the House cannot judge because of party interest ii. the Court cannot judge because 1)they are not trusted by the people, 2) there would be no jury between the judge and the accused, 3) a large body of men is needed to pronounce judgment

Federalist 66:

I. Objection: the legislative and judicial power are in the same body. II. Response: a mixture of powers is needed to separate the powers III. Objection: the senate is too powerful IV. Response: the house originates bills pertaining to money and the house

initiates impeachment V. Objection: the senate works too closely with the president VI. Response: the senate does not choose the president nor does it choose

nominees, therefore, there will be no conspiracies and quid pro quo