Fed Paper #10 & #51

#10
Factions= a number of citizens who are united by a common interest and adheres to the rights of others.
- Popular govts have perished under factions through instability, injustice, and confusion introduced
- Governments are too unstable
- Measure are too often decided by the tyranny of the majority
Two Methods of Curing the Mischiefs of Factions
1.Removing its causes
Destroying liberty
Creating common interests
2. Controlling its effects
Removing its causes
- Cannot abolish liberty
- As long as the reason of man continues to be fallible, different opinion will be formed
- Division of society into different parties is caused by property rights
- The causes of factions are found in the nature of man
- Man is much more disposed to oppress each other than to cooperate for the common good
- The most common source of faction is through the unequal distribution of property
- No man is allowed to judge his own cause, because his interest biases his judgment
- The most powerful faction is expected to prevail when two parties conflict
*tyranny of the majority
- THE CAUSES CANNOT BE REMOVED!!!!!!!!
Controlling its effects
- If a faction is a minority, it can be crushed by regular vote; under the Constitution is will not be able to do so
- The goal of the constitution is to secure the public good and private rights against the danger of such a faction, and at the same preserve the spirit of popular govt
- A pure democracy cannot cure factions
- There is nothing to check the weaken party
- Neither moral nor religious motives can be relied on for control of the majority
Democracy v. Republic
1. Delegation of govt
2. The size of body being governed
3. Republic
- Govt in which the scheme of representation takes place
- Small number of citizens elected by the rest (extend the sphere)
- Greater number of citizens over which it extends
- Representatives must grow to guard against the ideas of a few, but guard against the ideas of a few, but guard against confusion of the multitude
- Republic refines the public view (or ruins)
Democracy (Constitution)
- The federal constitution forms a happy combination by great interests referred to the national and local to the state
- Is able to control tyranny of the majority
® EXAMPLES OF FACTIONS:
◊ Paper money, abolition of debts, equal division of property (economics)
Minority Factions
- Logrolling and rational ignorance= costs are dispersed, benefits are concentrated (changes the rules of the game)
- Madison claims the majority will overrule
Majority Factions
- Judicial review
- Extensive republic
- Checks + balances
Factions
1. Religion
2. Government
3. Leadership
4. Economics
*All of the above are issues that create factions
Framers & Democracy
Problems:
1. Folly=democracies can make bad decisions
2. Feebleness= no stability
3. Tyranny of the majority
Large Republic Theory= PLURALISM
- Every philosopher b/f had encouraged a small republic
- Madison was the first to apply this to a large republic
- Legislative assembly stays about the same
- Have a greater probability of wise citizens
- Diffusive character=word of mouth to get elected
- More difficult for unworthy character to get into office

#51
Separation of Powers
-the necessary separation of powers enables us to form more correct judgments of the principles and structure of government
Essential to the preservation of liberty
- each branch should have as little power of appointment as possible
- In the case of the judicial, however because particular qualifications are necessary
- The length of term is life
Checks and Balances
- The interest of man must be connected with the constitutional rights
- Such devices are necessary to control the abuses of government
- If men were angels, no government would be necessary (recognizes fallibility)
- Enable the government to control the governed and control itself
Power of Branches
- It is not possible to give each department an equal power of self defense
- Limit the legislative branch
- Fortify the executive branch
Federalist System Advantages
1. The different branches will control each other while at the same time controlling itself
2. Guards the citizens against the tyranny of the majority by dividing interests and classes
3. Justice is the end of govt, and will be obtained until liberty is lost in the pursuit
4. The federal principle is used so that the govt will protect all parties, the weaker as well as the more powerful