A Federal Republic

The Constitution

A Federal Republic

Unit 2

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Constitutional Convention

“A Republic, If You Can

Keep It.”

Part 2

Big 3

1.

Understand who the Federalists & Anti-
Federalists are what they argued for.

2.

Describe how the U.S. Government is a Federal
Republic versus a (pure) democracy.

3.

Explain the role of Separation of Powers and
Checks and Balances in the U.S. Constitution in establishing a government of “We the People”?

Mrs. Powel's question:
"Well, Doctor, what have we got? A republic
or a monarchy?"

Franklin's response:
"A Republic, if you can keep it."

Prompt Question: What do you think Franklin means by “if you can keep it"? Go to the next slide and write a response.

According to historical accounts, as Franklin
was leaving Independence Hall at the close of the Constitutional Convention in 1787, Mrs. Elizabeth Willing Powel, a prominent social figure in Philadelphia, asked him:

Open Ended

What did Ben Franklin mean by "A Republic, if you can keep it?" Consider what is essential to keeping a healthy republic alive and well (how does virtue and representation play a role?).

Federalists vs Anti-Federalists

1.

Federalists (Favored a Federal (National)
Government

a. Alexander Hamilton, James

Madison, and John Jay

b. Favored the Constitution
c. Strong National Government
d. Strong Executive Branch
e. Don’t need a Bill of rights

Federalist No. 84, written by Alexander
Hamilton. In this essay, Hamilton outlines the
reasons why he believed a Bill of Rights was
unnecessary and potentially dangerous.

"I go further, and affirm that bills of rights, in the sense
and to the extent in which they are contended for, are not
only unnecessary in the proposed Constitution, but
would even be dangerous. They would contain various
exceptions to powers not granted; and, on this very
account, would afford a colorable pretext to claim more
than were granted. For why declare that things shall not
be done which there is no power to do? Why, for
instance, should it be said that the liberty of the press
shall not be restrained, when no power is given by which
restrictions may be imposed? I will not contend that such
a provision would confer a regulating power; but it is
evident that it would furnish, to men disposed to usurp, a
plausible pretense for claiming that power."

Federalists vs Anti-Federalists

1.

Anti-Federalists

a. Patrick Henry, George Mason,

Samuel Adams, Robert Yates

b. Supported Strong State

Governments

c. Legislature should have more

power than executive

d. No National Bank
e. Supported a Bill of Rights

• Their efforts got the Bill of Rights

included

Brutus No. 2, written by an anonymous Anti-Federalist, believed to be
Robert Yates. In this essay, Brutus articulates why a Bill of Rights is
essential to protect citizens’ freedoms from a powerful national
government.

"The most important question that was ever proposed to
your decision, or to the decision of any people under
heaven, is this: Whether a government shall be established,
that shall have power to make laws, and to execute them in
a manner which may totally annihilate the state
governments and reduce this country to one complete
consolidated government? … Ought not a government,
vested with such extensive and indefinite authority, to
have been restricted by a declaration of rights?"
"The only refuge left for those who are disposed to
promote the public happiness and support the government
of their country, is the establishment of a bill of rights. It is
a well-known fact that the people of this country have the
best security for their liberty under those governments
where the constitution has established a bill of rights."

Multiple Choice

What did the Federalists support?

• The Constitution

• Bill of Rights

• Articles of Confederation

• Monarchy

Multiple Choice

What did the Anti-Federalists support?

• The Constitution

• Bill of Rights

• Strong Executive Branch

• Monarchy

The 3 Big Ideas of the Constitution

1.A Federal Republic

2.Separation of Powers

3.Checks & Balances

A Federal Republic

1.

Federalism

a. Power divided between a

National (Federal) government &
State/local governments

b. Dividing Power stops Tyranny

(Montesquieu)

c. 10th Amendment: “The powers

not delegated to the United
States by the Constitution, nor
prohibited by it to the States, are
reserved to the States
respectively, or to the people.”

In Federalist No. 45, Madison explains
how federalism balances power between
the national and state governments:

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to
remain in the State governments are numerous and indefinite."

Republicanism

A political ideology that emphasizes
a government in which:
1. Power resides in elected representatives

2. Accountable to the people, and
3. Governed by the rule of law.

Republicanism prioritizes preventing
tyranny by ensuring checks on
power and promoting civic virtue.

Multiple Choice

Which of the following is not a feature of republicanism?

• Representative democracy

• Separation of power

• Rule of law

• Centralized power

Republicanism KEY FEATURES

1.

Elected Representatives:

a.

Citizens elect officials who are accountable to the public to make decisions on their behalf.

2.

Rule of Law:

a.

Laws govern both the government and the people, ensuring that no individual or group has unchecked power.

3.

Protection of Rights:

a.

Republicanism stresses protecting individual rights and ensuring that the majority cannot infringe on the rights of minorities.

4.

Limited Government:

a.

The government has only the powers that the Constitution gives it, ensuring that it cannot act beyond those limits.

5.

Avoids tyranny of the majority in pure democracies

James Madison’s Federalist No. 10. In this
essay, Madison explains how a large republic, with elected representatives, is the best system for guarding against factions (groups with interests that are contrary to the rights of others) and protecting individual liberties.

"The inference to which we are brought is,
that the causes of faction cannot be removed;
and that relief is only to be sought in the
means of controlling its effects. It may be
concluded that a pure democracy, by which I
mean a society consisting of a small number
of citizens, who assemble and administer the
government in person, can admit of no cure
for the mischiefs of faction.”

Brutus No. 1,The author, likely Robert Yates, argues that a
large republic would fail because the government would be too
distant from the people, leading to a loss of personal freedoms.
"In a large republic, the public good is sacrificed
to a thousand views; it is subordinated to
exceptions, and depends on accidents. In a small
republic, the interest of the public is easier
perceived, better understood, and more within
the reach of every citizen; abuses are of less
extent, and of course are less protected. But in a
large republic, the citizens are so distant from
the government, and from each other, that they
cannot personally watch over the conduct of
their representatives, nor can the
representatives watch over the interests of all
the people."

Separation of Powers

1.

Equal (in Power) branches of Government

2.

Specific Enumerated (spelled out) Powers for
each Branch

a.

Legislative (Congress [House and Senate])= Make
the laws

b.

Executive (President) = Enforce the laws

c.

Judicial Branch (Supreme Court) = Interpret and Rule on the laws

3.

The most Powerful Branch, The Legislature -
because of its nature in making laws - is split into
two similar but particular Legislative Bodies

a.

House of Representatives

b.

Senate

Federalists vs Anti-Federalists

Federalist No. 51 – James Madison

“But the great security against a
gradual concentration of the several
powers in the same department
consists in giving to those who
administer each department the
necessary constitutional means and
personal motives to resist
encroachments of the others. Ambition must be made to counteract ambition.”

Brutus 15

"The powers of the judiciary, under this
new Constitution, will be superior to
any authority of the legislative or
executive branches. With lifetime
appointments and the ability to declare
laws unconstitutional, this judicial
branch will become independent of the
people, and thus, uncontrollable by
them. Without proper checks, the
judicial branch may impose its own will
upon the people."

Checks & Balances

1.

System that allows each branch of government to check or limit
the powers of the other
branches.

a. Protects against tyranny and

concentration of power.

2.

Executive (President)

a. Vetos (cancels) Laws
b. Appoints Judges
c. Administers the Law how he sees fit.

Open Ended

What does checks and balances mean?

Open Ended

How does the President Check the powers of the other 2 branches of government (Legislative and Judicial)?

Checks & Balances

1.

Legislative (Congress)

a. Power of the Purse
b. Declares War
c. Advice & Consent (Appointments &

Treaties)

d. Impeachment Powers (Executive &

Judicial)

e. Can override a veto
f. Amend the Constitution (With

support from the States)

Open Ended

Explain the advice and consent check on power that the legislative branch has (be specific to which part of congress has it...House of Representatives/Senate)?

Checks & Balances

1. Judicial (Congress)

a. Power to determine the law

• Can Rule laws & actions

unconstitutional

b. Lifetime Tenure

• Insulated from political pressure.

Open Ended

Describe how the Judicial branch checks the power of both the Executive and Legislative Brances?

Federalists vs Anti-Federalists

Federalist No. 51 – James Madison

"But the great security against a gradual
concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to
resist encroachments of the others... Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a
reflection on human nature that such devices should be necessary to control the ab
uses of government. But what is government itself, but the greatest of all reflections on human nature?

The Federalists argued that each branch of government should have the tools to check the other branches, ensuring that power remains balanced. This prevents one branch from dominating and ensures collaboration between branches.

Brutus 11

"In order for checks and balances to work
effectively, the branches must truly be
independent of each other. However, the close
relationship between the President and the Senate in approving appointments and treaties creates the potential for collusion, allowing both branches to
consolidate power and weaken the checks
designed to keep the government balanced.“

Anti-Federalists worried that certain relationships between the branches, particularly between the President and Senate, could weaken the checks designed to keep power balanced. They feared this could lead to collusion and centralization of power.

Open Ended

Why did the anti-Federalist worry the checks and balances of the Constitution would lead to tyranny?

Learning Objectives

1.

Who were the Federalists and Anti-Federalists and what did they
argue for?

2.

Explain how the U.S. Constitution establishes a Federal
Republic? Describe the balance of power in the U.S. Constitution?

3.

What is Republicanism? What are main elements of a republican
form of government and how does it differ from pure-democracy?

4.

Explain what Separation of Powers means and how the U.S.
Constitution reflects that principle? How did Federalists argue
that the separation of powers would protect individual liberty?

5.

What is the principle of “Checks and Balances” and how does
the U.S. Constitution reflect this principle? How does the veto
power reflect the principle of checks and balances?

Open Ended

Answer each of the Learning Objectives.

Standards & Benchmarks:

1.

Explain how the U.S. Constitution and its
amendments uphold the following political
principles: checks and balances, consent of the
governed, democracy, due process of law,
federalism, individual rights, limited government,
representative government, republicanism, rule of
law and separation of powers.

a. Explain arguments presented in the Federalist Papers in support of ratifying the U.S. Constitution and a republican form of government.