Name: ________________________________________________________________ Roby
Federalist Papers Guiding Questions
Federalist #10 (factions)
1. According to Madison, why is a republic preferable to a democracy as a form of government?
2. What is Madison’s definition of a faction? How do factions arise? Why are they “adverse to
the common good?”
3. What is his solution to the problem of the excesses of faction? What are some costs of this
solution?
Federalist #39 (federalism)
1. In advocating for ratification, why does Madison compare the republican nature of the
proposed constitution to that of the various state legislatures? Which states does he highlight,
and why?
2. Madison answers several critiques of the Constitution in Federalist #39. One is "to the sources
from which the ordinary powers of government are to be derived." Did the passage of the 17th
Amendment upset this delicate balance of powers, as intended by the Framers of the
Constitution? Why or why not?
3. Did the framers commit treason by drafting the Constitution (and abandoning the Articles of
Confederation)? How does he answer this charge?
Federalist #45 (limitations on federal power)
1. Why does Madison believe that federal power is not dangerous to the authority of the states?
2. How does Madison explain that the size of state governments also makes them more
important?
3. Why does he conclude that states are just more important? Do you think he truly believed it or
was it just a sales pitch for ratification?
Federalist #51 (Rule of law)
1. Discuss James Madison’s major defense for the separation of powers. Is his argument
convincing? Why or why not?
2. Madison claims that the legislative branch will be the strongest. Why will this be so? Explain
why or why not this is true today?
3. From the perspective of contemporary US politics how well have the separation of powers and
checks and balances worked? Would Madison still recognize the governmental structure he
helped to create?
Federalist #78 (Judiciary)
1. Why did the Framers consider the Supreme Court the weakest of the three branches? How can
this be if it has final say over what the Constitution means?
2. Why was Hamilton still concerned with keeping the judiciary distinct from the legislative and
executive branches?
3. Why might a lifetime term for judges and justices be considered a good policy? Why did the
Framers make office holding contingent on continued “good behavior” rather than on more
specific criteria?