Constitution Debate (October 2011)

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Debating the Constitution
Anti-Federalists vs. Federalists, 1787-1788
NORTHERN NEVADA TEACHING AMERICAN
HISTORY PROJECT
OCTOBER 2011
Recap: the process of writing & ratifying the Constitution
A. The Federal Convention, Philadelphia, May-September
1787
Recap: the process of writing & ratifying the Constitution
A. The Federal Convention, Philadelphia, May-September
1787
B. The ratification process in the states and among the
people, September 1787-July 1788 (and all the way to
1790 in Rhode Island)
Analysis #1: Essays of Brutus, Number 1
A. Opening paragraphs: the importance of this moment,
and of this debate. Posterity will remember you for what
you decide now—and for the results of your decision
(liberty or tyranny).
Analysis #1: Essays of Brutus, Number 1
A. Opening paragraphs: the importance of this moment,
and of this debate. Posterity will remember you for what
you decide now—and for the results of your decision
(liberty or tyranny).
B. Key point (third paragraph): “when the people once
part with power, they can seldom or never
resume it again but by force.” So be careful what
you decide now.
Analysis #1: Essays of Brutus, Number 1
A. Opening paragraphs: the importance of this moment,
and of this debate. Posterity will remember you for what
you decide now—and for the results of your decision
(liberty or tyranny).
B. Key point (third paragraph): “when the people once
part with power, they can seldom or never
resume it again but by force.” So be careful what
you decide now.
C. Brutus’s big question: Can a unified (consolidated)
government work over a territory as vast, and a
population as large, as that of the United States—while
still preserving the people’s liberty?
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
Democracy? No:
won’t work in such a
large territory.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
Republic? Sure—but
what is a good
representative?
Knows the mind and
shares the views of
his constituents
Democracy? No:
won’t work in such a
large territory.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
In a vast republic,
you’d need so many
representatives in
Congress that nothing
could get done.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
In a vast republic,
you’d need so many
representatives in
Congress that nothing
could get done.
OR, you’d have too
few representatives
to reflect the variety
of interests.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
In a vast republic,
you’d need so many
representatives in
Congress that nothing
could get done.
OR, you’d have too
few representatives
to reflect the variety
of interests.
And in a vast
republic, there’d
always be clashing
interests—nothing
could get done.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
In a vast republic,
you’d need so many
representatives in
Congress that nothing
could get done.
OR, you’d have too
few representatives
to reflect the variety
of interests.
And in a vast
republic, there’d
always be clashing
interests—nothing
could get done.
How are the laws executed (carried out)?
The government
maintains a standing
army to enforce them.
The people come to the
aid of the magistrate,
when called.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
How are the laws executed (carried out)?
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
The government
maintains a standing
army to enforce them.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
Who pays for that
army? The people,
through taxes.
In a vast republic,
you’d need so many
representatives in
Congress that nothing
could get done.
OR, you’d have too
few representatives
to reflect the variety
of interests.
And in a vast
republic, there’d
always be clashing
interests—nothing
could get done.
The people come to the
aid of the magistrate,
when called.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
How are the laws executed (carried out)?
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
The government
maintains a standing
army to enforce them.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
Who pays for that
army? The people,
through taxes.
In a vast republic,
you’d need so many
representatives in
Congress that nothing
could get done.
OR, you’d have too
few representatives
to reflect the variety
of interests.
And in a vast
republic, there’d
always be clashing
interests—nothing
could get done.
What does the
army do? Destroys
the people’s liberty.
The people come to the
aid of the magistrate,
when called.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
How are the laws executed (carried out)?
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such
a large territory.
The government
maintains a standing
army to enforce them.
The people come to the
aid of the magistrate,
when called.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
Who pays for that
army? The people,
through taxes.
This happens only if the
people have confidence
in the magistrate.
In a vast republic,
you’d need so many
representatives in
Congress that nothing
could get done.
OR, you’d have too
few representatives
to reflect the variety
of interests.
And in a vast
republic, there’d
always be clashing
interests—nothing
could get done.
What does the
army do? Destroys
the people’s liberty.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
How are the laws executed (carried out)?
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
The government
maintains a standing
army to enforce them.
The people come to the
aid of the magistrate,
when called.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
Who pays for that
army? The people,
through taxes.
This happens only if the
people have confidence
in the magistrate.
What does the
army do? Destroys
the people’s liberty.
Confidence comes
from knowing one’s
rulers. Is that possible
in a large republic?
In a vast republic,
you’d need so many
representatives in
Congress that nothing
could get done.
OR, you’d have too
few representatives
to reflect the variety
of interests.
And in a vast
republic, there’d
always be clashing
interests—nothing
could get done.
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
How are the laws executed (carried out)?
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
The government
maintains a standing
army to enforce them.
The people come to the
aid of the magistrate,
when called.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
Who pays for that
army? The people,
through taxes.
This happens only if the
people have confidence
in the magistrate.
What does the
army do? Destroys
the people’s liberty.
Confidence comes
from knowing one’s
rulers. Is that possible
in a large republic?
In a vast republic,
you’d need so many
representatives in
Congress that nothing
could get done.
OR, you’d have too
few representatives
to reflect the variety
of interests.
And in a vast
republic, there’d
always be clashing
interests—nothing
could get done.
Government will
have to resort to
force (army).
“one great republic,” or “thirteen confederated republics”?
OR: Can a consolidated government work over a territory as broad,
and a population as large, as the United States?
Point of agreement: we all want a free
government.
How are the laws executed (carried out)?
Republic? Sure—but
what is a good
representative?
Democracy? No:
won’t work in such a
large territory.
The government
maintains a standing
army to enforce them.
The people come to the
aid of the magistrate,
when called.
Knows the mind and
shares the views of
his constituents
Classical republics:
small territory;
homogeneous
populations
Who pays for that
army? The people,
through taxes.
This happens only if the
people have confidence
in the magistrate.
What does the
army do? Destroys
the people’s liberty.
Confidence comes
from knowing one’s
rulers. Is that possible
in a large republic?
In a vast republic,
you’d need so many
representatives in
Congress that nothing
could get done.
OR, you’d have too
few representatives
to reflect the variety
of interests.
And in a vast
republic, there’d
always be clashing
interests—nothing
could get done.
Government will
have to resort to
force (army).
Conclusion: a consolidated, extended republic is
a recipe for destroying the people’s liberty.
Analysis #2: Madison, “The Federalist,” number 10
A. Madison’s big challenge: to explain how a republic—and
the citizens’ liberty—can survive when the territory is as
vast, and the population as large & diverse, as in the
U.S.
Analysis #2: Madison, “The Federalist,” number 10
A. Madison’s big challenge: to explain how a republic—and
the citizens’ liberty—can survive when the territory is as
vast, and the population as large & diverse, as in the
U.S.
B. The first paragraph: what’s a major advantage of a
“well-constructed union”?
Analysis #2: Madison, “The Federalist,” number 10
A. Madison’s big challenge: to explain how a republic—and
the citizens’ liberty—can survive when the territory is as
vast, and the population as large & diverse, as in the
U.S.
B. The first paragraph: what’s a major advantage of a
“well-constructed union”?
C. Notice his language: with what kinds of words does he
describe this problem?
Analysis #2: Madison, “The Federalist,” number 10
A. Madison’s big challenge: to explain how a republic—and
the citizens’ liberty—can survive when the territory is as
vast, and the population as large & diverse, as in the
U.S.
B. The first paragraph: what’s a major advantage of a
“well-constructed union”?
C. Notice his language: with what kinds of words does he
describe this problem?
D. Second paragraph: What’s his definition of a FACTION?
Advantage of a well-constructed union:
Break & control the violence of FACTION
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Control effects
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
Control effects
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
Give
everyone
the same
opinions
Impracticable
Control effects
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
No problem
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
PROBLEM: need to
secure public good &
private rights. HOW?
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
Control effects
Give
everyone
the same
opinions
Impracticable
DEMOCRACY? No.
(Why not?)
PROBLEM: need to
secure public good &
private rights. HOW?
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
Control effects
Give
everyone
the same
opinions
Impracticable
DEMOCRACY? No.
(Why not?)
REPUBLIC?
Yes! (Why?)
Republic = “refine & enlarge” the
public views (representation)
PROBLEM: need to
secure public good &
private rights. HOW?
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
Control effects
Give
everyone
the same
opinions
Impracticable
Small
republic?
REPUBLIC?
Yes! (Why?)
Republic = “refine & enlarge” the
public views (representation)
DEMOCRACY? No.
(Why not?)
PROBLEM: need to
secure public good &
private rights. HOW?
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
NO. Fewer factions = more
chance that one will win.
Fewer people = more
chance that bad people
will win.
Small
republic?
REPUBLIC?
Yes! (Why?)
Republic = “refine & enlarge” the
public views (representation)
DEMOCRACY? No.
(Why not?)
PROBLEM: need to
secure public good &
private rights. HOW?
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
NO. Fewer factions = more
chance that one will win.
Fewer people = more
chance that bad people
will win.
Large
republic?
Small
republic?
REPUBLIC?
Yes! (Why?)
Republic = “refine & enlarge” the
public views (representation)
DEMOCRACY? No.
(Why not?)
PROBLEM: need to
secure public good &
private rights. HOW?
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Destroy
liberty
Worse than
the disease
More
citizens
per rep.
Large
republic?
NO. Fewer factions = more
chance that one will win.
Fewer people = more
chance that bad people
will win.
Small
republic?
REPUBLIC?
Yes! (Why?)
Republic = “refine & enlarge” the
public views (representation)
DEMOCRACY? No.
(Why not?)
PROBLEM: need to
secure public good &
private rights. HOW?
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Harder
for bad
people to
win by
bribery
More
citizens
per rep.
Large
republic?
Destroy
liberty
Worse than
the disease
NO. Fewer factions = more
chance that one will win.
Fewer people = more
chance that bad people
will win.
Small
republic?
REPUBLIC?
Yes! (Why?)
Republic = “refine & enlarge” the
public views (representation)
DEMOCRACY? No.
(Why not?)
PROBLEM: need to
secure public good &
private rights. HOW?
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Harder
for bad
people to
win by
bribery
More
citizens
per rep.
Large
republic?
Destroy
liberty
Worse than
the disease
More
different
factions
NO. Fewer factions = more
chance that one will win.
Fewer people = more
chance that bad people
will win.
Small
republic?
REPUBLIC?
Yes! (Why?)
Republic = “refine & enlarge” the
public views (representation)
DEMOCRACY? No.
(Why not?)
PROBLEM: need to
secure public good &
private rights. HOW?
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Remove causes
Harder
for bad
people to
win by
bribery
More
citizens
per rep.
Large
republic?
Destroy
liberty
Harder for
any faction to
win a national
majority
More
different
factions
Worse than
the disease
NO. Fewer factions = more
chance that one will win.
Fewer people = more
chance that bad people
will win.
Small
republic?
REPUBLIC?
Yes! (Why?)
Republic = “refine & enlarge” the
public views (representation)
DEMOCRACY? No.
(Why not?)
PROBLEM: need to
secure public good &
private rights. HOW?
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
bad reps. won’t win
a national majority
Harder
for bad
people to
win by
bribery
More
citizens
per rep.
Large
republic?
Remove causes
Destroy
liberty
Harder for
any faction to
win a national
majority
More
different
factions
Worse than
the disease
NO. Fewer factions = more
chance that one will win.
Fewer people = more
chance that bad people
will win.
Small
republic?
REPUBLIC?
Yes! (Why?)
Republic = “refine & enlarge” the
public views (representation)
DEMOCRACY? No.
(Why not?)
PROBLEM: need to
secure public good &
private rights. HOW?
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
No problem
Majority
faction
Advantage of a well-constructed union:
Break & control the violence of FACTION
Large republic
= good!
bad reps. won’t win
a national majority
Harder
for bad
people to
win by
bribery
More
citizens
per rep.
Large
republic?
Remove causes
Destroy
liberty
Harder for
any faction to
win a national
majority
More
different
factions
Worse than
the disease
NO. Fewer factions = more
chance that one will win.
Fewer people = more
chance that bad people
will win.
Small
republic?
REPUBLIC?
Yes! (Why?)
Republic = “refine & enlarge” the
public views (representation)
DEMOCRACY? No.
(Why not?)
PROBLEM: need to
secure public good &
private rights. HOW?
Control effects
Give
everyone
the same
opinions
Impracticable
Minority
faction
No problem
Majority
faction
Concluding questions
A. What were the key disagreements between Anti-
Federalists (such as Brutus) and Federalists (such as
Madison)?
Concluding questions
A. What were the key disagreements between Anti-
Federalists (such as Brutus) and Federalists (such as
Madison)?
B. Do we see elements of these disagreements today?
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