Unit 3 Flashcards
Fed and anti-fed essays were ________ essays
Persuasive
Difference between federalists and antifederalists?
Federally agreed with the new constitution of 1787 and antifederalists disagreed with the new constitution
What did antifederalists and federalists agree on?
The articles of confederation were a failure
Antifederalists feared tyranny from ________
Too powerful central government
Federalists feared tyranny from ______
Tyrannical majority factions
The pen name of federalists
Publius
The pen name antifederalists
Brutus
Why was a new constitution needed according to publius
The new constitution was the remedy to the flaws of the A of C. The constitution would est a social contract with the ppl and the federal govt instead of the states and the fed govt(a of c)
How does the constitution fix the errors of the articles of confederation ? Where?
Est social contract with the ppl and the federal government. Located in the preamble first 3 words “we the people”
In the constitution what theory of govt is est?
Large republic
Why must the government apply to the ppl? The
A penalty for disobedience is needee. The general authority is confined to collective bodies. Every violation must involve state of war. The states ignored the rules which would mean war however the a of c didn’t have the capacity to start wars and enlist soldiers. Would have been perpetual civil war anyway
Who loses power in constitution of 1787? Gains power?
The states lose power(reserved power) and congress gained power(delegated powers)
What three specific parts in the constitution terrify brutus?
- article 1 section 8 clause 1( vagueness of the phrase ‘general welfare’)
- article 1 section 8 clause 18
- article 6
Most important governmental power to publius?
Power to tax
Publius wanted more power to the ________
central government
Brutus wanted more power to the _________
States
How does publius think the new constitution will protect the minority from TMFs?
Bc it’s a large republic with great geographical diversity so it’s less likely for TMFs to form
What is a faction
a number of citizens that are united by some common impulse of passion, interests, rights of others, or permanent interests of the community
When to factions become dangerous?
When they become tyrannical
What branches could potentially be controlled by TMFs? Why?
Executive and legislative bc they are elected by majority vote
Can factions be eliminated?
Not really bc the ppl have the right to speech and to join together based on common interests. Taking that away from the ppl is a violation of their rights(tyranny) and it would cause anger. Not worth the trouble. They can be controlled
Which branch of govt does brutus fear the most? Why?
Judicial bc ‘nobody is above the judiciary and they weild too much power’ the judiciary will side with the central government instead of the states.
according to publius why must judges be appointed for life?
To be able to protect the rights of the minority from a TMF
Why must the courts have power over equity?
Fundamental law= constitution (social contract)
Statutory law= any law
The courts interpret statutory laws to make sure they don’t violate fundamental law
Who has the final say in the govt according to publius? Why?
The ppl bc they have the right to ammend the constitution (social contract)