The Federalist Papers
#10 and #51
The Fundamental Question
How do we create a government that protects liberty, achieves
justice, ensures stability, and promotes the public good?
Authoritarian Governments: Do not protect liberty
Pure Democracies: Do not protect liberty of the minority
Unitary Governments: Trample on liberty (Britain)
Confederate Governments: Do not ensure stability
The Federalist Papers
1. Written by Alexander Hamilton, James Madison and John Jay
under pen name Publius (Latin word for public).
2. A series of letters published in newspapers
3. Written for three reasons:
A. To influence the vote in favor of ratification
B. To explain the Constitution for future interpretation
C. Outlined how the Constitution should be set up
4. Included 85 letters published from October 1787 to April 1788
and later bound in book form.
The Federalist Papers
5. Arguments made by The Federalist Papers
A. Federalists 1-14 stressed importance of the Union
B. Federalists’ 15-22 stressed inadequacy of the Articles of
confederation
C. Federalists 23-36 Explained arguments for the Type of Government
Contained in the Constitution
D. Federalists 37-51 Explained the Republican Form of Government
E. Federalists 52-83 explained the 3 branches of government.
F. Federalists 84-85 answers questions of objections to the Constitution
Federalist #10
The largest danger to liberty is FACTIONS (groups
with a shared interest that is “adverse to the
rights of other citizens”)
There are two ways of controlling the effects
of factions…
1.Remove the cause of factions
2. Control the effects of factions
Removing the Causes of a Faction...
Destroy Liberty
• Liberty essential to the founding of
factions
• Liberty: Faction::
Air: Fire
• Would it make sense to get rid of Air
to make sure we never had fire?
• The cure is worse than the disease
Give Everybody the Same
Interests
• Man’s reason is not perfect
• As long as Man has the liberty to use his
reason then different opinions will form
• Connection between reason and his “selflove” (self-interest)
• Factions are natural
• Impractical
• Rejection of Aristotle’s View
Controlling the Effects of a Faction...
If the faction makes up a minority of
the population…
The Republican Form of
Government prevents it
from putting its policies
into practice
Controlling the Effects of a Faction
- If the faction makes up the majority of the
population than the government must find a way to
“secure the public good and private rights” and also
to “preserve the spirit and the form of popular
government”
- Prevent the majority from having the same interest
at the same time
- Make it impossible for the majority to carry into
effect their “schemes of oppression.”
How Do We Prevent a Majority Faction?
Will a Pure Democracy work?
• A pure democracy: a small number of citizens assemble and
administer government in person
No. In such a
system
there is no check on
the will of the
majority
How Do We Prevent a Majority Faction?
Will a Republic work?
• A republic is a form of government in which a “scheme
of representation” takes place.
Yes, because the
representative system
“refines” the public
view.
Should the Republic be Small or Big?
Small Republic
Large Republic
Unworthy Candidates
Unworthy Candidates
With a smaller number of voters it will be easier
for a candidate of less ability or “bad” intentions
to gain the votes needed to win a position
# of Factions (Interests)
In a small homogenous group you are more likely
to have less points of view and more common
interests, increasing the chance of a harmful
faction.
With a larger number of voters it will be harder for an
unworthy candidate to fool the larger group into voting
for them.
# of Factions (Interests)
In a large group you are more likely to have a greater
number of points of view and interests, making it harder
for one faction to gain a majority of the votes.
So in Conclusion….
Contrary to Popular Belief…
SIZE DOES MATTER!!!
(sorry Camero)
According to Madison, liberty is best protected in a large scale
republic, where there are more voters and more interests to check
each other.
Federalist #51
• Federalist #10 argued that large districts help to check the mischief
of a faction.
• But elected officials will be passionate, biased, ambitious – they will
sometimes pursue their passions at the expense of the public good.
“The Structure of the Government Must Furnish the Proper Checks and
Balances Between the Different Departments”
• Probably written by Madison, though some believe it is by
Hamilton.
Federalist #51
• Like Federalist #10,
a concern for minority rights: "In a free
government the security for civil rights
must be the same as that for religious
rights.”
• “Justice is the end of government.”
Federalist #51
• Many Founders had a Pessimistic view of
human nature:
• “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.”
Federalist #51
How can we design government to further check the power
of factions and the danger of self-love?
• Government should be designed to take advantage of “self
love” and ambition.
• Use human weakness as an asset.
“The constant aim is to divide and arrange the several
offices in such a manner as that each be a check o the other
– that the private interest of every individual may be a
sentinel over the public rights.”
Federalist #51
• Solution #1: Separation of powers:
• Limited interaction of those selecting members of each
branch
• Economic and political independence of each branch
• Solution #2: Federalism:
• “The power surrendered by the people is first divided
between two distinct governments”
• A “compound republic” leads to dual allegiance and double
protection.
Federalist #10 & #51: Lay out the Solutions
• The new Constitution:
• Creates a large republic, that dilutes the power of
factions and promotes moderation.
• Creates a system of checks and balances that make
human weakness an asset:
• Divide power between states and federal
government.
• Separate powers within both governments.