The Federalist Papers
Pair-Share
Person A: What did the Federalists
believe in?
Person B: Name two important
Federalist leaders.
Person A: Why did they write the
Federalist Papers?
Person B: What were the Federalist
Papers?
Standards
Standard 12.1.4: Explain how the Founding
Fathers' realistic view of human nature led
directly to the establishment of a constitutional
system that limited the power of the governors
and the governed as articulated in the
Federalist Papers.
Standard 12.1.5: Describe the systems of
separated and shared powers, the role of
organized interests (Federalist Paper Number
10), checks and balances (Federalist Paper
Number 51), the importance of an independent
judiciary (Federalist Paper Number 78),
enumerated powers, rule of law, federalism,
and civilian control of the military.
The Federalist Papers
Written from 1787-1788
Series of 85 essays explaining the
principles and structure of the Constitution,
to gain support
Written under the pseudonym of Publius
John Jay
Alexander Hamilton
James Madison
Federalist Paper #10
Objective
Student will be able to describe the
systems of separated and shared
powers and the role of organized
interests described in Federalist Paper
Number 10.
Federalist Paper #10
We have a compound republic where
power flows from the people to the
national and state government.
The Federal System
FEDERAL
The supremacy
clause states the
Federal law is
supreme to State
and local law.
STATE
LOCAL
Choose 3 powers for
each & fill in your
diagram
Pair Share
The United States has a republic where
power flows from the ____________ to the
_______________ &
______________________.
Federalist Paper #10
Faction (political party or group)
Causes of Faction
– Religion
– Political Opinion
– Ambition
Problem for modern governments:
– How to regulate (control) factions so that they do not
infringe on rights of others
– How to protect factions from each other and prevent
one from becoming dominant politically
Federalist Paper #10
Curing the problems caused by factions
– Remove the causes (2 possible ways)
1. By destroying individual liberty (Worse
than problems)
2. By everyone’s thinking the same way,
feeling the same things, and wanting and
acting to gain the same advantage
(improbable)
Federalist Paper #10
Argued for a Representative Democracy
– Representative Democracy is based on the
2 major principles of:
Separation of powers
Federalism (ex. State and federal govt. both can
tax and establish courts)
Pair Share
What is one of the problems with factions?
One of the problems that modern governments
have with factions is _________________.
What is an example of a modern faction?
An example of a modern faction would be
_________________.
Separation
of Powers
The Legislative Branch
Senate floor
House of Representatives
Senate floor
Senate Hearings
The Executive Branch
The Judicial Branch
[ Judicial Review ]
You will read a statement from Federalist
Paper #10 and with your team you will
rewrite it in your own words.
Lets do one together first!
Federalist Paper #10
“… that our governments (in the world) are
too unstable, that the public good is
disregarded in the conflicts of rival parties,
and the measures are too often decided,
not according to the rules of justice and
the rights of the minor party, but by the
superior force of an interested and
overbearing majority.”
Summarize in your own words
Federalist Paper #10
Summary
Most countries in the world are
unstable. Most groups are
concerned more with what could
benefit their group rather than
what is best for the entire society.
The majority has so much
influence that often the rights of
the minor party is disregarded.
Summarize the following quote;
“…Extend the sphere, and you take in a
greater variety of parties and interests; you
make it less probable that a majority of the
whole will have a common motive to
invade the rights of other citizens; or if
such a common motive exists, it will be
more difficult for all who feel it to discover
their own strength, and to act in unison
with each other.”
Pair-Share
Madison believed that a system of checks
and balances was needed to protect selfinterests from grabbing power.
Do you agree or disagree?
What idea from Federalist #10 do you
agree with the most?
What do you disagree with?
Explain your answers.
Federalist Paper #51
Objective:
Students will be able to describe
checks and balances (Federalist
Paper Number 51),
FEDERALIST PAPER #51
The Need for Separation of Powers
– Each branch of government should have a
will of its own.
– In order for the government to survive, its
structure must be such that:
It has the power to control the citizenry
It must control itself.
– “Unbridled power, by individuals or by government
itself, is to be feared.”
FEDERALIST PAPER #51
At both the national and state level power
is given to each of 3 branches: executive,
legislative, and judicial.
– Each department is to act as a check on the
others.
Film Clip: Checks & Balances
Legislative
* Create lower federal courts
Checks
* Can impeach and remove judges
Legislative
* Confirms executive appointments
On
the
* Approves appointments of federal judges
Checks
* Ratifies treaties
Judicial
* Can propose amendments to
On
the
overrule judicial decisions
* Appropriates money
Executive
* Can override President’s veto
Executive
* Can impeach and remove President
Judicial
Legislative
* Can propose laws
Executive
* Can veto laws
Checks
* Makes appointments
On
the
* Appeal to the people
Legislative
* Can call special
sessions of Congress
Legislative
Executive
Executive
Checks
* Appoints federal judges
On the
Judicial
•Both Supreme Court
Justices, and federal
judges
Judicial
Executive
Judicial Checks on
the Executive Branch
* Can declare
Executive actions
unconstitutional
Legislative
* Can declare acts of
Congress unconstitutional
Judicial
Judicial Checks on
the Legislative Branch
Pair Share
1. Explain how separated
powers and checks and
balances protects individual
rights and at the same time
protects public good.
The Addition of the Bill of Rights
The Anti-Federalists argued for the
addition of the Bill of Rights
It will be added in 1891 – two years after
the Constitution was ratified
A “Bill of Rights” protects against tyranny
of the majority
Bill of Rights limits the powers of the
federal government and state
governments.
Film Clip: The Bill of Rights
Ticket out the door:
Answer the following questions:
– 1. How does Madison argue that the strong central
government established by the Constitution assures
the “preservation of liberty”? How does the
organization of the branches of government reflect
Madison’s view of human nature?
– 2. What is Madison’s concern regarding the rights of
the “minority’ in the U.S.? How does he predict that
the nature and composition of the American republic
will prevent the rights of the minority from being
threatened?
Federalist Paper #78
Objective:
Students will be able to describe the
importance of an independent judiciary
(Federalist Paper Number 78)
Pair-Share
Why do you think the framers of the
Constitution created a separate Judicial
Branch?
In other words, why is the judiciary not
included in either the Legislative or
Executive Branches?
FEDERALIST PAPER #78
“According to the plan of convention, all judges
who may be appointed by the United States are
to hold their offices during good behavior.”
– Write down why you think they serve for life
“The judiciary, has no influence over either the
sword or the purse; no direction either of the
strength or of the wealth of society; and can take
no action resolution whatsoever.”
– The Supreme Court can only REACT to cases
presented to it.
FEDERALIST PAPER #78
“The interpretation of the laws is the proper and
peculiar province of the courts.”
Chief justice John Marshall uses virtually the
same language in Marbury v. Madison to
declare the doctrine of judicial review.
– Judicial Review- The Supreme Court reviews all laws
and executive actions to make sure they abide by the
Constitution.
The constitution as the Supreme law of the land
should take precedence over any subsequent
law (supremacy clause), just as the will of the
people ought to take precedence over the will of
any elected representative.
In Other Words…
The Supreme Court interprets the laws
and reviews the actions of the executive
branch.
It is the job of the Supreme Court to make
sure that the actions of the President
abide by the constitution (that he is
following the constitution).
Wrap-Up
Why do you think the framers of the
Constitution created a separate Judicial
Branch?
In other words, why is the judiciary not
included in either the Legislative or
Executive Branches?
Group Activity:
An Independent Judiciary
The Framers established an independent
judiciary because they realized the judges would
sometimes have to make difficult decision that
the law requires but that are unpopular with a
majority of the citizenry. Without the protections
afforded to the judiciary by the Constitution, the
federal courts may not have been able to issue
decisions in the following cases that have had a
dramatic impact on American life and law.
Group Activity:
An Independent Judiciary
Read the following court cases and
complete the corresponding worksheet
Person #A: Baker v. Carr (1962)
Person #B: Gideon v. Wainwright (1963)
Person #C: U.S. v. Nixon (1974)
Person #D: Texas v. Johnson (1989)
Lets do one together…
Brown v. Board of Education
(1954)
In Plessy v. Ferguson (1896), the
Supreme Court sanctioned segregation by
upholding the doctrine of “separate but
equal.” The NAACP disagreed with this
ruling, challenging the constitutionality of
segregation in the Topeka, Kansas school
system. In 1954, the court unanimously
reversed its Plessy decision, declaring that
“separate schools are inherently unequal.”
Brown v. Board of Education
(1954)
This case demonstrates how judicial
independence was necessary to protect the civil
rights of all citizens. Due to the support of
discriminatory laws in certain parts of the
country, African-American citizens could not
always turn to the elected branches of
government to protect their constitutional rights.
Instead, they turned to the federal courts. Being
above politics and not directly susceptible to
public opinion, the Courts were able to provide
these citizens with the relief the Constitution
demanded.
Summary of Case
The NAACP disagreed with the Plessy v.
Ferguson ruling & challenged the
constitutionality of segregation in the
Topeka, Kansas school. In 1954 the Court
overruled the Plessy decision and
declared that “separate schools are
inherently unequal.”
Reasons given for a need for an
“independent judiciary”
This case demonstrates how important it is
to have an independent Judicial system to
protect the civil rights of all citizens.
The Courts are above politics and not
susceptible to public opinion, giving them
the freedom to provide citizens with their
constitutional rights.
Get into your teams from yesterday and
share your court cases with the other three
students and complete the worksheet:
– “Need for an Independent Judiciary”
The Federalist Papers Review
Use the template you have to construct
sentences about the Federalist Papers.
Use the words provided to fill in your
sentence. On the right side of your paper
write your sentence(s). When you are
finished take out a piece of paper and put
all your sentences together to build a
paragraph. Use transitions to connect your
sentences.