The document discusses the implementation of federalism, highlighting Madison's views on the compound republic, the necessary and proper clause, and the principles of checks and balances within government structures. It emphasizes the importance of dividing power among different branches and between state and federal governments to prevent tyranny and protect individual rights. Additionally, it argues that the extended republic of the United States helps to diminish factional power and promote greater justice and moderation.

1. The Implementation of
Federalism

2. Agenda
• The Compound Republic, Federalist 51
• Necessary and Proper Clause Federalist
44
• Federalist Activity

3. Learning Goals
• Define Madison’s concept of the
Compound Republic and understand
how it illustrates the concept of
Federalism
• Understand the relationship between the
Federal and State governments.
• Explain what powers the Necessary and
Proper Clause grant to Congress

4. Federalist 51
• 1. What are the three branches of
government? Why must each branch
possess “a will of its own”?
• 2. Why does Madison when he claims that
government is a “reflection on human
nature”?
• 3. What are the checks and balances
between the Executive and Legislative
branches?

5. If Men were Angels
• “Ambition Must be Made
to counteract ambition”
• “But what is government
itself but the greatest of
all reflections on human
nature? If men where
angels no government
would be necessary. If
angels were to govern
men, neither external nor
internal controls on
government would be
necessary”

6. Checks and Balances
• In framing a government that is
to be administered by men over
men, the great difficulty lies in
this: you must first enable the
government to control the
governed and in the next place
force it to control itself.
• The private interests of every
individual may be a sentinel
over the public rights.

7. Checks and Balances

8. The Compound Republic
• 4. How does a Federalist structure of
government provide additional checks and
balances?

9. Benefits of the Compound Republic
• “In a single republic, all the power
surrendered by the people is submitted
to the administration of a single
government...
• In the compound republic of America,
the power surrendered by the people is
first divided between two distinct
governments, and then the portion
allotted to each subdivided among
distinct and separate governments.”

10. Benefits Cont.
Hence a double security arises to the rights of the people. The
different governments will control each other, at the same time
that each will be controlled by itself.

11. Factions Federalist 51
• It is of great
importance in a
republic not only to
guard the society
against the
oppression of its
rulers, but to guard
one part of the
society against the
injustice of the other
part.

12. Benefits of the Extended Republic
• “In the extended
republic of the United
States and among the
great variety of
interests, parties, and
sects which it
embraces, a coalition of
a majority of the whole
society could seldom
take place on any other
principles than those of
justice and the
general good.”

13. Summary
• The new Constitution:
– Creates a large republic, that dilutes the
power of factions and promotes moderation.
– Creates a system of checks and balances
that make human weakness an asset:
• Divide power between states and federal
government.
• Separate powers within both governments

14. Federalist 44 Questions
• 1. Madison states without the Necessary
and Proper Clause, the new Constitution
would be a “dead letter.” Why does
Madison believe that the necessary and
proper clause necessary for effective and
good government?

15. A Dead Letter
• “Few parts of the
Constitution have been
assailed with more
intemperance than this;
yet on a fair
investigation of it, no
part can appear more
completely
invulnerable. Without
the substance of this
power, the whole
Constitution would be a
dead letter.”

16. Alternatives
• 1. Do as the Articles of Confederation and
deny anything not expressly delegated
• 2. Attempted to list every power
• 3. Attempted to create a list of what
Congress may not do
• 4. Silent on the subject, suggesting an
inference

17. Bad Responses
• 1. Federal government would have been
stripped of any real power
• 2. Impossible to list all; “They would have to
also accommodate, not only the existing state
of things but also future changes. For every
new application of a general power, the
particular powers, which are the means of
attaining the objective of the general power,
must vary as the objective changes, or vary
while the objective remains the same.

18. Bad Responses Cont
• 3. No less unrealistic, defaults in the list
grant authority on strange subjects.
• 4. Silent on the issue, the Necessary and
Proper clause would be inferred

19. Need for Necessary and Proper
• No axiom is more clearly established in
law or in reason, that whatever the goal,
the means are authorized. And
whenever a general power to do a thing is
given, every particular power necessary
for doing it is included.

20. Federalist 44 Questions Cont.
• 2. What does Madison assert to be the
check on the national legislature if they
overstep the intended power of the
Necessary and proper clause?
• 3. Opponents of the new Constitution
claim that the Federal government will
overpower the individual states. What is
Madison’s response to this claim?

21. National Congress Oversteps its
Authority
• The States will always
be ready to note
deviations, to sound
the alarm to the
people, and to exert
their local influence
to change federal
representatives.
• Checks and Balances

22. Governors’ Response to
Obamacare
• http://www.youtube.com/watch?v=H0pL4-EkR

23. The Supremacy Clause
• "This Constitution, and the Laws of the
United States which shall be made in
pursuance thereof ... shall be the
supreme Law of the Land; and the
Judges in every State shall be bound
thereby, any Thing in the Constitution or
Laws of any state to the Contrary
notwithstanding."

24. “A Monster”
• The authority of the whole Union would
have been subordinate to the States. It
would have seen a monster in which the
head was under the direction of its
members.
– 1. States Constitutions claim to be absolutely
sovereign, annul new powers
– 2. Some States do not even recognize the
existing confederacy
– 3. State Constitutions are different