the federalist papers most countries in the world are unstable. most groups are concerned more with...

The Federalist PapersThe Federalist PapersMost countries in the world are unstable. Most groups are concerned more with what could benefit their group rather than what is best for the entire society. The majority has so much influence that often the rights of the minor party is disregarded. Federalist Paper #10“The judiciary, has no influence

over either the sword or the

purse; no direction either of the

strength or of the wealth of

society; and can take no action

resolution whatsoever.”

Federalist Paper #78

“Unbridled power, by individuals or by government itself, is to be feared.”

Federalist Paper #51

Pair-Share

Person A: What did the Federalists believe in?

Person B: Name two important Federalist leaders.

Person A: Why did they write the Federalist Papers?

Person B: What were the Federalist Papers?

StandardsStandardsStandard 12.1.4: Explain how the Founding

Fathers' realistic view of human nature led directly to the establishment of a constitutional system that limited the power of the governors and the governed as articulated in the Federalist Papers.

Standard 12.1.5: Describe the systems of separated and shared powers, the role of organized interests (Federalist Paper Number 10), checks and balances (Federalist Paper Number 51), the importance of an independent judiciary (Federalist Paper Number 78), enumerated powers, rule of law, federalism, and civilian control of the military.

The Federalist PapersThe Federalist Papers

Written from 1787-1788Written from 1787-1788

Series of 85 essays explaining the Series of 85 essays explaining the principlesprinciples and and structurestructure of the of the ConstitutionConstitution, , to gain supportto gain support

Written under the pseudonym of PubliusWritten under the pseudonym of Publius

JohnJohn JayJay Alexander Hamilton James Madison

Federalist Paper #10Federalist Paper #10Objective

Student will be able to describe the systems of separated and shared powers and the role of organized interests described in Federalist Paper Number 10.

Federalist Paper #10Federalist Paper #10

We have a compound republic where We have a compound republic where power flows from the power flows from the peoplepeople to the to the nationalnational and and state governmentstate government..

FEDERAL

STATE

LOCAL

The Federal System

The supremacy clause states the Federal law is supreme to State and local law.

Choose 3 powers for Choose 3 powers for each & fill in your each & fill in your

diagramdiagram

Pair SharePair Share

The United States has a republic where The United States has a republic where power flows from the ____________ to the power flows from the ____________ to the _______________ & _______________ & ______________________.______________________.


Faction (Faction (political party or grouppolitical party or group))

Causes of FactionCauses of Faction– ReligionReligion– Political OpinionPolitical Opinion– AmbitionAmbition

Problem for modern governments: Problem for modern governments: – How to How to regulate regulate (control) factions(control) factions so that they do not so that they do not

infringe on infringe on rights rights of others of others – How to How to protect protect factionsfactions from each other and prevent from each other and prevent

one from becoming one from becoming dominantdominant politically politically


Curing the problems caused by factionsCuring the problems caused by factions

– Remove the causes (2 possible ways)Remove the causes (2 possible ways)1. By 1. By destroying individual liberty destroying individual liberty (Worse (Worse than problems)than problems)

2. By everyone’s 2. By everyone’s thinking the same waythinking the same way, , feeling the same things, and wanting and feeling the same things, and wanting and acting to gain the same advantage acting to gain the same advantage (improbable)(improbable)


Argued for a Argued for a Representative DemocracyRepresentative Democracy– Representative Democracy is based on the Representative Democracy is based on the

2 major principles of:2 major principles of:Separation of powersSeparation of powers

FederalismFederalism (ex. State and federal govt. both can (ex. State and federal govt. both can tax and establish courts) tax and establish courts)


What is one of the problems with factions?What is one of the problems with factions?One of the problems that modern governments One of the problems that modern governments have with factions is _________________. have with factions is _________________.

What is an example of a modern faction?What is an example of a modern faction?

An example of a modern faction would be An example of a modern faction would be _________________. _________________.

Separation of Powers

Senate floor

House of Representatives

Senate Hearings

The Legislative BranchThe Legislative Branch

Senate floor

The Executive BranchThe Executive BranchThe Executive BranchThe Executive Branch

The Judicial BranchThe Judicial BranchThe Judicial BranchThe Judicial Branch[ Judicial Review ][ Judicial Review ][ Judicial Review ][ Judicial Review ]

You will read a statement from You will read a statement from Federalist Federalist Paper #10 Paper #10 and with your team you will and with your team you will rewrite it in your own words.rewrite it in your own words.

Lets do one together first!Lets do one together first!

Federalist PaperFederalist Paper #10 #10

“… “… that our governments (in the world) are that our governments (in the world) are too unstable, that the public good is too unstable, that the public good is disregarded in the conflicts of rival parties, disregarded in the conflicts of rival parties, and the measures are too often decided, and the measures are too often decided, not according to the rules of justice and not according to the rules of justice and the rights of the minor party, but by the the rights of the minor party, but by the superior force of an interested and superior force of an interested and overbearing majority.”overbearing majority.”Summarize in your own wordsSummarize in your own words

Federalist PaperFederalist Paper #10 #10Summary Summary

Most countries in the world are Most countries in the world are unstable. Most groups are unstable. Most groups are concerned more with what could concerned more with what could benefit their group rather than what benefit their group rather than what is best for the entire society. The is best for the entire society. The majority has so much influence that majority has so much influence that often the rights of the minor party is often the rights of the minor party is disregarded.disregarded.

Summarize the following quote;Summarize the following quote;

“…“…Extend the sphere, and you take in a Extend the sphere, and you take in a greater variety of parties and interests; you greater variety of parties and interests; you make it less probable that a majority of the make it less probable that a majority of the whole will have a common motive to whole will have a common motive to invade the rights of other citizens; or if invade the rights of other citizens; or if such a common motive exists, it will be such a common motive exists, it will be more difficult for all who feel it to discover more difficult for all who feel it to discover their own strength, and to act in unison their own strength, and to act in unison with each other.”with each other.”

Pair-Share

Madison believed that a system of checks and balances was needed to protect self-interests from grabbing power.

Do you agree or disagree?

What idea from Federalist #10 do you agree with the most?

What do you disagree with?

Explain your answers.


Objective:

Students will be able to describe checks and balances (Federalist Paper Number 51),

FEDERALIST PAPER #51FEDERALIST PAPER #51

The Need for The Need for Separation of PowersSeparation of Powers– Each branch of government should have a Each branch of government should have a

will of its own.will of its own.– In order for the government to survive, its In order for the government to survive, its

structure must be such that:structure must be such that:It has the power to It has the power to controlcontrol the the citizenrycitizenry

It must control It must control itselfitself. . – ““Unbridled power, by individuals or by government Unbridled power, by individuals or by government

itself, is to be feared.”itself, is to be feared.”


At both the national and state level power At both the national and state level power is given to each of 3 branches: is given to each of 3 branches: executive, executive, legislative, legislative, andand judicial. judicial. – Each department is to act as a Each department is to act as a checkcheck on the on the

others.others.

Film Clip: Film Clip: Checks & BalancesChecks & Balances

LegislativeChecks On theJudicial

LegislativeChecksOn the

Executive* Can override President’s veto

* Confirms executive appointments

* Ratifies treaties

* Appropriates money

* Can impeach and remove President

* Can impeach and remove judges

* Create lower federal courts

* Can propose amendments to overrule judicial decisions

* Approves appointments of federal judges

Executive

Judicial

Legislative

ExecutiveChecksOn the

Legislative

ExecutiveExecutive

LegislativeJudicial

* Can propose laws

* Can veto laws

* Can call specialsessions of Congress

* Makes appointments

* Appeal to the people

•Both Supreme Court Justices, and federal judges

ExecutiveChecks On theJudicial

* Appoints federal judges

Legislative

* Can declare Executive actions unconstitutional

Executive

Judicial

Judicial Checks onthe Executive Branch

* Can declare acts of Congress unconstitutional

Judicial Checks onthe Legislative Branch


1.1. Explain how separated Explain how separated powers and checks and powers and checks and balances protects individual balances protects individual rights and at the same time rights and at the same time protects public good.protects public good.

The Addition of the Bill of RightsThe Addition of the Bill of Rights

The The Anti-FederalistsAnti-Federalists argued for the argued for the addition of the addition of the Bill of RightsBill of RightsIt will be added in 1891 – two years after It will be added in 1891 – two years after the Constitution was ratifiedthe Constitution was ratifiedA “Bill of Rights” A “Bill of Rights” protectsprotects against against tyrannytyranny of the of the majoritymajorityBill of Rights Bill of Rights limits the powers limits the powers of the of the federal government and state federal government and state governmentsgovernments..

Film Clip: The Bill of Rights

Ticket out the door:Ticket out the door:

Answer the following questions:Answer the following questions:

– 1. How does Madison argue that the strong central 1. How does Madison argue that the strong central government established by the Constitution assures government established by the Constitution assures the “preservation of liberty”? How does the the “preservation of liberty”? How does the organization of the branches of government reflect organization of the branches of government reflect Madison’s view of human nature?Madison’s view of human nature?

– 2. What is Madison’s concern regarding the rights of 2. What is Madison’s concern regarding the rights of the “minority’ in the U.S.? How does he predict that the “minority’ in the U.S.? How does he predict that the nature and composition of the American republic the nature and composition of the American republic will prevent the rights of the minority from being will prevent the rights of the minority from being threatened?threatened?


Objective:

Students will be able to describe the importance of an independent judiciary

(Federalist Paper Number 78)

Pair-Share

Why do you think the framers of the Constitution created a separate Judicial Branch?

In other words, why is the judiciary not included in either the Legislative or Executive Branches?


““According to the plan of convention, all According to the plan of convention, all judgesjudges who may be appointed by the United States are who may be appointed by the United States are to to hold their offices hold their offices during during good behaviorgood behavior.”.”

– Write down why you think they serve for lifeWrite down why you think they serve for life

““The judiciary, has no influence over either the The judiciary, has no influence over either the sword or the purse; no direction either of the sword or the purse; no direction either of the strength or of the wealth of society; and can take strength or of the wealth of society; and can take no action resolution whatsoever.”no action resolution whatsoever.”– The Supreme Court can only The Supreme Court can only REACTREACT to cases to cases

presented to it.presented to it.


““The interpretation of the laws is the proper and The interpretation of the laws is the proper and peculiar province of the courts.”peculiar province of the courts.”Chief justice John Marshall uses virtually the Chief justice John Marshall uses virtually the same language in same language in Marbury v. Madison Marbury v. Madison to declare to declare the doctrine of the doctrine of judicial reviewjudicial review..– Judicial Review- The Supreme Court reviews all laws

and executive actions to make sure they abide by the Constitution.

The constitution as the Supreme law of the land should take precedence over any subsequent law (supremacy clause), just as the will of the people ought to take precedence over the will of any elected representative.

In Other Words…In Other Words…

The Supreme Court interprets the laws The Supreme Court interprets the laws and reviews the actions of the executive and reviews the actions of the executive branch.branch.

It is the job of the Supreme Court to make It is the job of the Supreme Court to make sure that the actions of the President sure that the actions of the President abide by the constitution (that he is abide by the constitution (that he is following the constitution). following the constitution).

Wrap-Up

Why do you think the framers of the Constitution created a separate Judicial Branch?

In other words, why is the judiciary not included in either the Legislative or Executive Branches?

Group Activity: Group Activity: An Independent JudiciaryAn Independent Judiciary

The Framers established an independent The Framers established an independent judiciary because they realized the judges would judiciary because they realized the judges would sometimes have to make difficult decision that sometimes have to make difficult decision that the law requires but that are unpopular with a the law requires but that are unpopular with a majority of the citizenry. Without the protections majority of the citizenry. Without the protections afforded to the judiciary by the Constitution, the afforded to the judiciary by the Constitution, the federal courts may not have been able to issue federal courts may not have been able to issue decisions in the following cases that have had a decisions in the following cases that have had a dramatic impact on American life and law.dramatic impact on American life and law.

Group Activity: Group Activity: An Independent JudiciaryAn Independent Judiciary

Read the following court cases and Read the following court cases and complete the corresponding worksheetcomplete the corresponding worksheet

Person #A: Person #A: Baker v. Carr (1962)Baker v. Carr (1962)

Person #B: Person #B: Gideon v. Wainwright (1963)Gideon v. Wainwright (1963)

Person #C: Person #C: U.S. v. Nixon (1974)U.S. v. Nixon (1974)

Person #D: Person #D: Texas v. Johnson (1989)Texas v. Johnson (1989)

Lets do one together…Lets do one together…

Brown v. Board of Education Brown v. Board of Education (1954) (1954)

In In Plessy v. Ferguson (1896), Plessy v. Ferguson (1896), the the Supreme Court sanctioned segregation by Supreme Court sanctioned segregation by upholding the doctrine of “separate but upholding the doctrine of “separate but equal.” The NAACP disagreed with this equal.” The NAACP disagreed with this ruling, challenging the constitutionality of ruling, challenging the constitutionality of segregation in the Topeka, Kansas school segregation in the Topeka, Kansas school system. In 1954, the court unanimously system. In 1954, the court unanimously reversed its reversed its Plessy Plessy decision, declaring that decision, declaring that “separate schools are inherently unequal.” “separate schools are inherently unequal.”

Brown v. Board of Education Brown v. Board of Education (1954)(1954)

This case demonstrates how judicial independence This case demonstrates how judicial independence was necessary to protect the civil rights of all was necessary to protect the civil rights of all citizens. Due to the support of discriminatory laws citizens. Due to the support of discriminatory laws in certain parts of the country, African-American in certain parts of the country, African-American citizens could not always turn to the elected citizens could not always turn to the elected branches of government to protect their branches of government to protect their constitutional rights. Instead, they turned to the constitutional rights. Instead, they turned to the federal courts. Being above politics and not directly federal courts. Being above politics and not directly susceptible to public opinion, the Courts were able susceptible to public opinion, the Courts were able to provide these citizens with the relief the to provide these citizens with the relief the Constitution demanded. Constitution demanded.

Summary of CaseSummary of Case

The NAACP disagreed with the The NAACP disagreed with the Plessy v. Plessy v. Ferguson Ferguson ruling & challenged the ruling & challenged the constitutionality of segregation in the constitutionality of segregation in the Topeka, Kansas school. In 1954 the Court Topeka, Kansas school. In 1954 the Court overruled the overruled the Plessy Plessy decision and decision and declared that “separate schools are declared that “separate schools are inherently unequal.”inherently unequal.”

Reasons given for a need for an Reasons given for a need for an “independent judiciary”“independent judiciary”

This case demonstrates how important it is This case demonstrates how important it is to have an independent Judicial system to to have an independent Judicial system to protect the civil rights of all citizens. protect the civil rights of all citizens.

The Courts are above politics and not The Courts are above politics and not susceptible to public opinion, giving them susceptible to public opinion, giving them the freedom to provide citizens with their the freedom to provide citizens with their constitutional rights. constitutional rights.

Get into your teams from yesterday and share your court cases with the other three students and complete the worksheet:– “Need for an Independent Judiciary”

The Federalist Papers The Federalist Papers ReviewReview

Use the template you have to construct Use the template you have to construct sentences about the Federalist Papers. sentences about the Federalist Papers. Use the words provided to fill in your Use the words provided to fill in your sentence. On the right side of your paper sentence. On the right side of your paper write your sentence(s). When you are write your sentence(s). When you are finished take out a piece of paper and put finished take out a piece of paper and put all your sentences together to build a all your sentences together to build a paragraph. Use transitions to connect your paragraph. Use transitions to connect your sentences. sentences.

the federalist papers most countries in the world are unstable. most groups are concerned more with...

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