Federalist Paper 23--Alexander Hamilton

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Period ________
Read/Annotate the Federalist and Anti-Federalist Excerpts, then answer the three questions.
Federalist Excerpts
Federalist Paper 23--Alexander Hamilton
The principle purposes to be answered by Union are these -- The common defense of the members -the preservation of the public peace as well as against internal convulsions as external attacks -the regulation of commerce with other nations and between the States -- the superintendence of our
intercourse, political and commercial, with foreign countries.
Federalist Paper 47--James Madison
The accumulation of all powers legislative, executive and judiciary in the same hands, whether of
one, a few or many, and whether hereditary, self appointed, or elective, may justly be pronounced
the very definition of tyranny.
Federalist Paper 51--James Madison
If men were angels, no government would be necessary. If angels were to govern men, neither
external nor internal controls on government would be necessary. In framing a government which is
to be administered by men over men, the great difficulty lies in this: You must first enable the
government to control the governed; and in the next place, oblige it to control itself.
Federalist Paper 72--Alexander Hamilton
The original intent of the Constitution was to place no limit on the number of times an individual
could be elected president. However, after Franklin D. Roosevelt won four presidential elections in
a row, a constitutional amendment (the 22nd) was passed limiting a person to two terms as
president. In the following selection, Hamilton argues against limiting the number of presidential
terms.
[An] ill effect of the exclusion would be depriving the community of the advantage of the experience
gained by the chief magistrate in the exercise of his office. That experience is the parent of wisdom
is an adage, the truth of which is recognized by the wisest as well as the simplest of mankind. What
more desirable or more essential than this quality in the government of nations?
Federalist Paper 78--Alexander Hamilton
"If then the courts of justice are to be considered as the bulwarks of a limited constitution against
legislative encroachments, this consideration will afford a strong argument for the permanent
tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in
the judges, which must be essential to the faithful performance of so arduous a duty. This
independence of the judges is equally requisite to guard the constitution and the rights of
individuals from the effects of . . . designing men."
Anti-Federalist Excerpts
“A consolidation of this extensive continent under one government [under the Constitution of 1787]
cannot succeed, without a sacrifice of your liberties.” -Brutus
“In every free government, the people must give their assent to the laws by which they are
governed. This is the true criterion between a free government and an arbitrary one. The former are
ruled by the will of the whole [the people], expressed in any manner they may agree upon; the latter
by the will of one, or a few. If the people are to give their assent to the laws, by persons chosen and
appointed by them, the manner of the choice and the number chosen must be such, as to possess, be
disposed, and consequently qualified to declare the sentiments of the people; for if they do not
know, or are not disposed to speak the sentiments of the people, the people do not govern, but the
sovereignty is in a few. Now, in a large extended country, it is impossible to have a representation,
possessing the sentiments, and of integrity, to declare the minds of the people…” -Brutus, 1787
“In…a good constitution…the power is committed to [representatives with] the same
feelings…and…the same objects as the people [have] … who transfer to them their authority. There
is no possible way to effect this but by an equal, full and fair representation…For without this it
cannot be a free government; let the administration of it be good or ill, it still will be a government,
not according to the will of the people, but according to the will of a few… A farther objection
against the feebleness of the representation [in a Constitution of 1787] is that it will not possess the
confidence of the people…If then this government [Constitution of 1787] should not derive support
from the good will of the people, it must be executed by force, or not executed at all; either case
would lead to the total destruction of liberty.” -Brutus, 1787
“The necessity of a Bill of Rights appears to me to be greater in this government than ever it was in
any government before…All rights not expressly and unequivocally reserved to the people are
impliedly and incidentally relinquished to rulers…If you intend to reserve your unalienable rights,
you must have the most express stipulation; for…If the people do not think it necessary to reserve
them, they will supposed to be given up.” -Patrick Henry, 1787
“I am sure they were fully impressed with the necessity of forming a great consolidated government
instead of a confederation…and the danger of such a government is, to my mind, very
striking…Who authorized them to speak the language of “We, the people,” instead of “We the
states”?...If the states be not the agents of this compact, it must be one great, consolidated, national
government of the people of all the states…If consolidation proves to be as mischievous to this
country as it has been to other countries, what will the poor inhabitants of this country do? This
government will…destroy the state governments and swallow the liberties of the people, without
giving previous notice…” -Patrick Henry, 1787
As there is no one article of taxation reserved to the state governments, the Congress may
monopolize every source of revenue, and thus indirectly demolish the state governments, for without
funds they could not exist, the taxes, duties and excises imposed by Congress may be so high as to
render it impracticable to levy further sums on the same articles; but whether this should be the
case or not, if the state governments should presume to impose taxes, duties or excises, on the same
articles with Congress, the latter may abrogate and repeal the laws whereby they are imposed,
upon the allegation that they interfere with the due collection of their taxes, duties or excises. Samuel Bryan, Pennsylvania
Questions
1. Summarize the main arguments the Federalists made in support of ratification of the
Constitution.
2. Summarize the main arguments the Anti-Federalists made in opposition to the ratification of
the Constitution.
3. In your opinion, what side, the Federalists or Anti-Federalists, present more convincing
arguments about whether or not the country should ratify the new Constitution? Explain.
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