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Lecture 5

Complete Lecture 5 Notes

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Boston College
Political Science
POLI 2327

9/17/13 Lecture 5 • Federalist papers = argument for why we need a much stronger central government including presidency, federal judiciary, a government that can tax people directly o Strong sense that the founders wanted a stronger national government • In order to sell this in the F.P., had to convince and appease people who were suspicious of new government/constitution o Jealous of their rights, didn’t trust central government  Anti-Federalist Brutus said that federal court system will run government and judges will become tyrannical • Get hybrid founding statements and documents that seem to contradict each other o Got constitution ratified  Anti-Federalists may have lost, but have never really gone away • Tea Party o Anti-Federalists instantly accept Constitution as legitimate, though…no fighting!  Everyone took constitution as the most perfect constitution, but then started disagreeing on what the constitution actually MEANT • Read the document itself with concerns of old anti-federalists o Battle over constitutional interpretation now as opposed to constitutional construction • Brutus – constitution created a supreme court with judges appointed for life o OMG moment…they can do ANYTHING  This is a national court system, so they will always decide in favor of the national government….biased o Constitution is so short and so vague  Judges decide what is just and not o Judges have powers in law and equity  Have power over everything and can do anything they want • Vesting Clause – all powers given to legislature? o All executive power given to president o Judicial of US shall be vested in one supreme court  Extend to law and equity • Equity means anything that can’t be decided according to fixed rules and which requires a specially tailored remedy • Law means it can be paid back • A judge with equitable powers can judge remedies to unique cases • Supremacy Clause – constitution and laws of US shall be supreme law of the land and every state shall be bound thereby o Brutus = courts will enforce supremacy laws  This power of the judicial will allow them to mold the government into any shape they please • Who gave a better prediction of this --- Hamilton or Brutus? o If Brutus is right, there are checks  Ultimately not that dangerous • Exceptions Clause o Congress decides which cases go to the supreme court • State judges are elected  began with Jackson o Can recall these state judges • Ratification process of Constitution: o Battle over interpretation  Believe that one is interpreting the constitution correctly and the other is doing it wrong, abusing the constitution, being selfish, etc. o Hamilton, Washington, Madison = all federalists who all want stability, both politically and financially  Hamilton decides that besides constitutional design, we can gain stability in the country by getting the most powerful and rich people in the country invested in the success of the country….will not let the country fail or tolerate chaos • Hamilton proposes financial plan that really helped o National government will absorb war debts of the states and pay back the banks’ war debts in full
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