The Federalist Papers: 10
The Union as a Safeguard Against Domestic Faction and Insurrection
This Federalist Paper discusses the fear of factions in the rising United States. First the
paper defines a Faction as “a number of citizens, whether amounting to a majority or a
minority of the whole, who are united and actuated by some common impulse of
passion, or of interest, adversed to the rights of other citizens, or to the permanent and
aggregate interests of the community.” Next it presents two cures for the mischief of
factions: “the one, by removing its causes; the other, by controlling its effects.” Then it
continues on by saying that there are two methods to remove the cause, which are “by
destroying the liberty which is essential to its existence; the other, by giving to every
citizen the same opinions, the same passions, and the same interests.” However these
solutions are not actual solutions since taking away the liberty of people would take
away their rights as citizens. So after dismissing this appoarch the paper says that the
effects of factions can be somewhat controlled. Finally at the end of the paper they end
by saying that the United States people will ultametly extingusish any type of factisious
uprising.
Concerning the Militia Number 29
This paper is concerned with the militia.
THE power of regulating the militia, and of commanding its services in times of
insurrection and invasion are natural incidents to the duties of superintending the
common defense, and of watching over the internal peace of the Confederacy. The
militia would be attended with the most beneficial effects, whenever they were called
into service for the public defense. It would enable them to discharge the duties of the
camp and of the field with mutual intelligence and concert an advantage of peculiar
moment in the operations of an army; and it would fit them much sooner to acquire the
degree of proficiency in military functions which would be essential to their usefulness.
It states the importance to “empower the Union "to provide for organizing, arming, and
disciplining the militia, and for governing such part of them as may be employed in the
service of the United States, RESERVING TO THE STATES RESPECTIVELY THE
APPOINTMENT OF THE OFFICERS, AND THE AUTHORITY OF TRAINING THE
MILITIA ACCORDING TO THE DISCIPLINE PRESCRIBED BY CONGRESS.'' The
militia would be called to action in times of insurrection, or invasion. This was
frequently the case, in respect to the first object, in the course of the late war; and this
mutual succor is, indeed, a principal end of our political association.
The Conformity of the Plan to Republican Principles Number 39
MADISON
This paper is about the characteristics of a Republican. First they define a republic to be,
“a government which derives all its powers directly or indirectly from the great body of the people,
and is administered by persons holding their offices during pleasure, for a limited period, or during
good behavior.” They then describe they certain parts of the new government and their duties. “The
House of Representatives, like that of one branch at least of all the State legislatures, is elected
immediately by the great body of the people. The Senate, like the present Congress, and the Senate
of Maryland, derives its appointment indirectly from the people. The President is indirectly derived
from the choice of the people, according to the example in most of the States. Even the judges, with
all other officers of the Union, will, as in the several States, be the choice, though a remote choice, of
the people themselves, the duration of the appointments is equally conformable to the republican
standard, and to the model of State constitutions.” Then they state the length of a term for The
House of Representatives, the Senate, and the President. It then states three things that can be
search about a person, “first, to ascertain the real character of the government in question; secondly,
to inquire how far the convention were authorized to propose such a government; and thirdly, how
far the duty they owed to their country could supply any defect of regular authority.”
The Judiciary Department
From McLEAN'S Edition, New York Hamiltion No. 78
This paper is about the Judicary Department and what is expected of it. “The manner of constituting
it seems to embrace these several objects: The mode of appointing the judges. The tenure by which they
are to hold their places. The partition of the judiciary authority between different courts, and their relations
to each other. It calls for fair and equal treatment by judges and serves as a reminder that all man is
equal. It states further qualifications and finally finishes off with “Upon the whole, there can be no room to
doubt that the convention acted wisely in copying from the models of those constitutions which have
established GOOD BEHAVIOR as the tenure of their judicial offices, in point of duration; and that so far
from being blamable on this account, their plan would have been inexcusably defective, if it had wanted
this important feature of good government. The experience of Great Britain affords an illustrious comment
on the excellence of the institution.”
Massachusetts: (The Convention suggested that the following things should be altered in
the Constitution)
1. Powers Not declared by the constitution can be declared by a state
2. That there shall be one representative to every thirty thousand persons according
to the Census mentioned in the Constitution until the whole number of the
Representatives amounts to Two hundred. (self- explanatory)
3. States have free and equal representation in Congress
4. No taxation with out a well stated and approved reason
5. That Congress erect no Company of Merchants with exclusive advantages of
commerce.
6. All people tried for felonys must go infront of Grand Jury
7. The Supreme Judicial Federal Court shall have no jurisdiction of cases of a value
less than 3000 or 1500 dollars
8. Citizens charged have the right to a Jury if one or both parties request it.
9. Congress will not consent to the knighting or giving of a nobile rank to anyone in
Office.
That there be a Declaration or Bill of Rights asserting and securing from encroachment
the essential and unalienable Rights of the People in some such manner as the
following;
1. That the natural rights of man (life, liberty, and the pursuit of happiness) should
be protected.
2. The power is vested and derived from the citizens and government officials serve
them.
3. The Government is for the benefit, protection, and security of the people. There
should be no Arbitrary power or oppression.
4. No group is entitled to special rights, and office positions aren’t hereditary.
5. The legislative, executive, and judiciary powers should be separate and distinct.
And the positions of legislative and executive are voted on regularly
6. All competent well being men can vote.
7. Legitislature must be approved by representatives of the common people in order
to pass a law.
8. The right to a fare and speedy trial, and the right to know what he is being
accused of.
9. No slavery or indentured servitude.
10. Any man denied freedom has a right to call the law to his side.
11. Right to Trial by Jury
12. Desiabled people get compensated and get same rights.
13. No unusual or too severe punishments for crimes.
14. Must have a warrant to perform a search and seizure
15. People have right to instruct representatives.
16. Freedom of the press and freedom of speech
17. Right to bear arms
18. No quatering of soilders in times of peace.
19. Cannot be made to pay for not bearing arms
[Link] state religion, right to own religion
