- October 10, 2012
- Posted by: essay
- Category: Term paper writing
1. Basically, the writers of the Federalist Papers were highly educated people who have a profound knowledge in the field of politics and philosophy. At the same time, they managed to create the Federalist Papers which became a quintessence of progressive philosophical ideas. Nevertheless, I would like to warn them that the creation of the Federalist Papers leads to the limitation of natural rights and freedom of people. Moreover, even though the US Constitution, which creation was ratified by the Federalist Papers is the main legal document which defines the life of the modern American society, I would still remind the authors of the Federalist Papers that the more Americans gained due to the Federalist Papers the less they got. In fact, the Federalist Papers contributed to the formation of the USA as an independent state and they were as essential for the US independence as the Constitution. However, the creation of the Federalist Papers eventually led to the dramatic increase in power of the state. In fact, the state became the major power in the country, while people were consistently restrained in their freedom. They could not act any more as they liked. Instead, they need to act in accordance with laws and legal norms which were established by the state and these laws and legal acts actually originate from the Federalist Papers.
2. Speaking about factions, Madison refers to certain groups which pursuit their own interests and people comprising these groups worked together to achieve their goals. At first glance such groups are quite good, but if the effects and aims of their work are taken into consideration, than the conclusion will be totally different and similar to the one made by Madison. Madison saw a great danger in factions, because its members represented the upper-class of the American society. Therefore, they were very influential and could affect dramatically the life of ordinary people. Moreover, having political and economic power, factions could impose their will and decisions on local communities forcing them to accept factions’ decisions and policies. In such a way, people would be deprived of an opportunity to define the development of their community. In fact, people would simply become puppets in hands of factions-puppeteers.
Hence, the suggestion of Madison to control the functioning of factions and prevent them from overtaking power in the community or state is quite logical. In this respect, it is important to stress the fact that Madison suggested to develop a strong republican power which could control factions. He does not believe in the potential of the individual power to defeat or control factions. He argued that an individual power is too weak to cope with factions. Instead, the strong Republic could maintain control effectively due to representation of a wide range of interests that prevented possibilities of misuse of power and ignorance of interests of local communities and ordinary Americans.
3.Madison was also extremely concerned with the separation of powers. He believed that a traditional European model of power is ineffective and it should not be applied in the USA. The main reason for the rejection of the European model by Madison was probably his desire to set American people free. The liberation of the USA from the British Empire should not be accomplished by the establishment of a dictatorship in the new state. This is why Madison insisted on the separation of power because he believed that if the power is concentrated in hands of one or a few individuals, they tend to usurp it and deprived people of an opportunity to influence the authorities and change policies conducted by the state. In other words, people will lose their power.
In such a situation, the separation of powers, according to Madison, should protect interests and rights of ordinary people. He believed that the separation of powers will lead to the mutual control of powers over each other. He suggested the separation of powers into three branches: executive, legislative and judicial. Through the mutual control, the powers will ensure that not a single person or group of people can take all the power in the country.
4. Madison was an active proponent of the 3/5 clause, which can be seen in the Federalist #54. In fact, he argues that the 3/5 clause should be applied to provide slaves and former with the possibility to be represented in the US power. In such a way, all Americans will be represented in power and, therefore, will be able to influence the power. At the same time, such a suggestion was not absolutely just because slaves and former slaves could not be equally represented because of the 3/5 clause which limited their participation in the political life of the country on the ground of their property, which they had nothing, and their rights which were consistently restrained compared to rights of the whites. In fact, the Federalist #54 can be viewed as a manifestation of the general attitude of slaveholders to slaves. The latter were second-class citizens and they could not be treated as equal to the whites. Hence, the discriminatory measures supported by Madison. Although, the 3/5 clause still allowed slaves and former slaves to be represented in the power, which was very important for the growth of social consciousness of slaves.
5. On analyzing different branches of power, Hamilton focuses his attention on the executive power in the Federalist #70. He argued that the Presidency should be the main institution of the executive power in the USA. At the same time, he does not intend to make the power of the President unlimited but rather a competition-free. What is meant here is the idea developed by Hamilton that the President should be the head of the executive power and he should conduct his policy regardless of criticism. At any rate, he should have an opportunity to take decisions and implement them. He would probably be satisfied with the current power of the US President.
6. Hamilton has a very critical view on the Supreme Court and judicial power at large. In fact, he views the Supreme Court as a complementary agency, which cannot resist to the influence of executive or legislative power, while its main function is the protection of laws and punishment of offenders. The controlling power of the Supreme Court over the executive and legislative powers is apparently underestimated by Hamilton. Thus, he would be surprised to know the extent to which the Supreme Court is influential in the modern political life of the USA. In fact, the Supreme Court has already proved its ability to control executive and legislative powers by trials against those who violated laws and misused their power.
7. The most significant event that probably influenced the authors of the Federalists Papers was the Declaration of Independence, which marked the victory of the US in their struggle for independence and opened the way to the creation of a new state, where the authors of the Federalist Papers attempted to create a new type of political and social relations. The Declaration of Independence actually forced the authors to work on legislative projects which could regulate the life of American people and become a legal basis for social, economic and political relations in the USA. Obviously, the authors of the Federalist Papers were greatly inspired by the Declaration of Independence and they made their own contribution in the building up an independent state as they wrote the Federalist Papers.
8. The attitude of Hamilton to the Presidency seems to be a bit radical since Hamilton does not admit the competition, which can challenge the President. However, Hamilton apparently omits the fact that the lack of competition is likely to lead to the gradual degradation of the President and he can slip to tyranny and dictatorship, being the head of the executive power. At the same time, he cannot work effectively if his power is not rivaled. If he does not feel the rivalry, he will be unmotivated to work better. Consequently, the Presidency is important but it is necessary to offer some alternative institutions which could challenge the Presidency and stimulate the President to work better and not to misuse his power.