Lecture 4

Madison And His Opponents Speak from the Grave

 

I. Introduction: Madison as the Philosopher of the Constitution

 

A. Rejection of Classical Democratic Theory

 

B. A System Based on Distrust

 

II. Federalist #10--Bigger Better Than Smaller

A. Factions

1. Causes

 

2. Control

a. Eliminating Causes

b. Limiting Effects

i. Preventing common passions

ii. Making coordination difficult

 

B."Pure Democracy" (classical, direct democracy) versus a "Republic" (representative democracy)

1. Differences

a. Election of representatives

i. Extended republics get wiser representatives than smaller republics

a. More fit characters

b. Less chance to practice "vicious arts" of campaigning

b. Republics can cover larger sphere

i. Factions harder to organize and coordinate over long distances

 

C. Conclusion: extended republics stop factions better than either small democracies or small republics

1. Extended republics likely to elect wise representatives resistant to factions


2. Extended republics make it harder for factions to organize and coordinate

 

 

III. Federalist 51--Checks and Balances Stop Encroachment

 

A. The Danger: Unification of the branches

 

B. The Solution: Provide defenses (checks) for each branch

 

C. The Most Dangerous Branch: The legislature

 

D. How to stop it?

1.Bicameralism

2. Veto (Overrideable)

 

Why are checks necessary?

 

Is Madison an advocate of majoritarianism, classical democracy, pluralism, trusteeship, or something else?

 

IV. The Anti-Federalists

 

What does the Pennsylvania Minority have against the Constitution?

 

A. The argument against bigness

 

B. The argument over representation

 

C. The argument over separation of powers

 

How does Centinel's sense of human nature compare with that of Madison?

What does Centinel have against the Constitution?

D. The argument over checks and balances

What would Centinel's preferred system of government look like? What would be its strengths and weaknesses as compared to Madison's?

 

V. Madison v. The Ancients

 

A. Size of state

1. Classical--smaller is better

2. Madison--extended republic

 

B. Virtue

1. Classical--a good state sustains it

2. Madison--can't depend on it

 

 

C. Rights

1. Classical--no such thing

2. Madison--government's job is to secure them (but paper guarantees aren't adequate)