Paper49

Julia Lerner 10-29-2009 Federalist Paper No. 49 Method of Guarding Against Encroachments of Any One Department of Government by Appealing to the People Through a Convention

I. **Summary** After Thomas Jefferson completed “Notes on the State of Virginia”, he attached a rough draft of a constitution for the commonwealth. Like everything he wrote, it showed thought, originality, comprehensiveness, and accuracy. It also showed the strengths and weaknesses of a republican government. Jefferson’s idea that no part of the government should be stronger than any other had its merits, but it also had some flaws.

Jefferson believed that when two of the three branches overpowered the third, a convention it necessary to amend the Constitution.

Because the power is derived from the people, they must be consulted when the government wishes to amend the the Constitution or settle a dispute. As the people were the founders of this nation, they should be asked before anyone else to interpret its meaning.

Though this reasoning does make sense, it is not feasible to hold an election or convention for every issue that arises.

II. **Main Objective** Publius’ main objective was to show that although the power is derived from the masses, it is not wise, possible, or necessary to consult the public on every discrepancy in government opinions.

III. **Strongest Arguments** “every appeal to the people would carry an implication of some defect in the government” An effective government should be able to make decisions on its own. Frequent appeals to the people would show flaws in the system. They would also decrease the government’s power over the nation.

“danger of disturbing the public tranquility by interesting too strongly in the public passions... existing constitutions were formed in the midst of danger” Springing the government’s problems on the people may cause more problems than it would solve. Asking the citizens to vote on political issues will split parties yet further. This policy of the people governing a nation and making important decisions was effective during the revolution, only because they were dealing with a situations outside of the Americas. They were therefore banded together by nationalism and a common goal of independence. However, creating rifts between an already established country may lead to larger issues still.

“decisions [of the people] would not answer the purpose of maintaining the constitutional equilibrium of the government” By appealing to the people on political issues, the balance between the three branches would be altered. It is likely that the public would favor the opinion of the legislative branch over the other two. The people are two far removed from the executive branch and the judicial powers to side with either due to the process by which the officials were appointed, in the case of the latter, and due to jealousy and propaganda surrounding the president.

IV. **Opposing Arguments** In this essay, Publius is arguing against Thomas Jefferson’s proposition that the government should appeal to the public to settle disputes between the three branches.

V. **Validity of the Arguments** For the most part, Publius does a good job in countering Jefferson’s proposal. All of his arguments are plausible. He explains well why the people should not be involved in disagreements of the government. However, he does not give any suggestion or alternative to appealing to the people.

VI. **Relevance, Today** The topic of this essay is not as relevant today, as it could have been prior to the ratification of the Constitution. Publius got his wish. The people are only asked to vote in order to elect representatives or the president (and other executive officials on the state and local levels), according to the Constitution. Though issues are publicized, and people are welcome to state their opinions, the system laid out by the Constitution keeps the three branches reasonably well-balanced.

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