U.S. GOVERNMENT AND POLITICS, SPRING 2011

 

THE CONSTITUTION, DAY TWO

 

Woll 6 (Federalist 16, 17), 7 (Anti-Federalist Papers #17), 8 (Federalist 44), 9 (Federalist 45), 10 (Federalist 39)

Friday, February 18

 

5. (left over from Monday 2-14 class) AMENDING THE CONSTITUTION

- How does the process of amending the Constitution reflect the three key principles of the document?

- Why did the Framers make it so difficult to formally amend the Constitution?

 

Some key points about constitutional amendments to keep in mind:

 

- tradition makes amending harder today (after the first 10 are added right after ratification, the Constitution has not been amended very often)

 

- the process can be quite lengthy (involving several steps and supermajorities)

 

- most of the amendments that have been approved address very specific problems (the first 12 amendments all fall in this category, as do 16, 18, 20, 21, 23, 24, and 25)

 

- the informal changes to the document are just as important as the formal amendments; examples include establishing the power of judicial review (we discuss this more in chapter 9) and the transfer of the warmaking power from Congress to the President (we discuss this more in chapter 7)

 

 

Woll 7, Anti-Federalist Papers #17: 

 

What concerns do the Anti-Federalists raise about the proposed Constitution?  In a nutshell – what are they worried about? 

 

And, our recurring, primary question for today:  how do Hamilton (in this excerpt) and Madison (in 44, 45 and 39) respond to concerns about the proposed federal government being too powerful and a threat to the sovereignty and power of the individual states?

 

 

Woll 6, Federalist 16, 17:  this reading (along with the other 3 Federalist papers for today) offers several answers to the objections raised by the Anti-Federalists. 

 

Woll 8, Federalist 44:  the “necessary and proper” (Article I, Section 8 of the Constitution) is the focal point in this essay

 

Woll 9, Federalist 45:  assessing the overall “danger” to states were the Constitution to be ratified

 

 

Woll 10, Federalist 39:  how federalism will work in practice, importance of Constitution being neither wholly national nor wholly federal

 

#39 questions:  Which features of the Constitution were meant to curb the national government’s domination of the states?  How do Madison’s arguments here aim to alleviate the concerns of the states about excessive power at the national level?

 

 

One final question: are the arguments of Madison and Hamilton convincing?  Why or why not?