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Brutus Notes

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Brutus Notes
Brutus I “A Republic Must Be Small and Uniform to Survive”

New York Journal, October 18, 1787

conventional wisdom: republics should be small and homogeneous – U.S. was already 1200 miles long and 200 miles inland

population was relative large 3 ½ million and diverse – wide range of nationalities, religions, existence of slavery in some states

Antifederalists cited size and diversity of America as asserting that a national regime would be a threat to personal liberty

“Brutus” pseudonym for a New York Antifederalist (probably Robert Yates), a convention delegate who bolted

Federalist #10 is a response to Brutus I

Text

confederated government vs. one great republic

United States as an assembly of states; the Philadelphia Convention produced a new hybrid

Publius describes it in Federalist 39 “partly national, partly federal”

note federal=confederal prior to the Philadelphia Convention

not a complete consolidation but it approaches it

potential for “absolute and uncontroulable power”

Brutus notes Article I, Sec. 8, Cl. 18 implied powers –the “necessary and proper” clause

supremacy clause of Article VI: federal laws and treaties are supreme notwithstanding state constitutions and laws

Article I, Sec. 8 powers – considerable powers by themselves overwhelming when elastic clause is added

power of individual states will diminish – “a clog upon wheels of government of the U.S.” – will be pushed aside

liberty was the goal of the Revolution; the Antifederalists believed that this would be threatened in a large republic

Brutus uses argument from authority –citations to Montesquieu and Beccaria – European authorities the American founders looked to

republican liberty is best preserved in a small territory

large republics led to ambitious enterprises, glory, empire building, adventurism

government is too remote in a large territory cites Beccaria

ancient republics were undermined as they grew large

in a pure

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