Constitutionalism, Continued

Questions about the riddles?

One of Ilan Wurman's: "Why did the former Ms. Rosenbaum face attack from the writer who had once been `Crosley'?

For Monday, read:

• Hamilton, Federalist # 47, 48, 57, 63.
• Tocqueville, 196-230.
• The Boehner chapter, on Sakai

Wurman and the meaning of meaning:

• Originalism:  original public meaning and original intent
• Original application and original sense.

From last time: Faction

• Federalist 10

39, 45, 46,  49, 51.

Federalist 39 and Federalism:

The proposed Constitution, therefore, is, in strictness, neither a national nor a federal Constitution, but a composition of both. In its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal and partly national; in the operation of these powers, it is national, not federal; in the extent of them, again, it is federal, not national; and, finally, in the authoritative mode of introducing amendments, it is neither wholly federal nor wholly national.

Federalist 51

• Separation of Powers: "Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place."
• Bicameralism: "In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit."
• Federalism; "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 departments. 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."

Is the Founding legitimate?  

Federalist 39:  "derives all its powers directly or indirectly from the great body of the people."

Federalist 49: Madison quotes Jefferson: "As the people are the only legitimate fountain of power.."

Federalist 49  

• "Veneration"
• James Ceaser: "The idea of reverence for the Constitution was a creation of The Federalist. But why did The Federalist create this doctrine of constitutional reverence?"

Veneration: 

• Norms
• The Constitution and oaths
• Citizenship
• Military oath
• Presidential oath