Federalist 70 (Alexander Hamilton)
Federalist 70 (Alexander Hamilton)
Period 3
11/30/10
National defense, sound administration of the law, and the protection of property rights all depend upon the vitality of
the Presidency.
an energetic president best protects liberty when faction, anarchy, and the excessive ambitions of others threaten it
energetic Executive branch: unity, sufficient powers, and a certain degree of secrecy.
one Chief Executive: Two people, granted equal power and authority, are bound to differ.
Personal ambition can never be totally subdued, and a dual Presidency would be marked by dissension, weakened
authority, and the growth of conflicting factions.
It is unnecessary and unwise to establish an Executive branch that would make this form of divisiveness possible.
Conflict and argument are dangerous in the Executive branch where decisions must be prompt--- vs. Congress:
differences of opinion force discussion and deliberation. --helps to prevent coercion by majority.
Legislative passes laws Executive branch executes laws; a law once passed should be executed promptly. Furthermore,
in case of war, when so much depends upon a strong Presidency, divisiveness could destroy the national security.
The same arguments against having two presidents can be made in opposition to an Executive council. In either a plural
or council form of Executive faults and defects are more easily concealed, and no person can be held responsible.
matter of expense
people who want council think it should be large - their salaries would be too great an expense for the nation to
tolerate.
Second, before the Constitution was written, intelligent men agreed that New York's single Executive was one of the
most admirable features of state government.
Power Problems
Presidential power problems will undoubtedly continue like they have in the previous decades.
The President has a lot of people to please and especially keep organized.
There is never assured support from any quarter for the next president in term.
Presidential Politics
Our founding fathers did not foresee the deep involvement of the presidency in partisan politics.
Presidential parties help to identify and translate the political demands of popular majorities into government
action. Presidents should be able to use their role as party chief to bridge the constitutional gap between the
presidency and congress that the separation of powers created.
Before becoming party chief, politicians must capture their party’s presidential nomination.
1. President
a. Non-partisan
3. Presidential Reform
a. Civil service reform set out by FDR as an effort to replace partisan politics with executive administration
c. 1970s led to scholars speaking of the demise of the presidency as well as the party system
a. Reagan broke with the traditional modern president and identified closely with his party
a. Persistence of divided government itself retarded the restoration of partisanship to the presidency
a. Forging new and sometimes bipartisan coalitions around an agenda the moves beyond the polarized left-right debate
by appealing to independents
Ex Parte Milligan
I. Issue
a.Does an armed conflict within the United States justify imposing military law? b. Court had to decide whether Lincoln had
followed the law and the Constitution when he
authorized martial law
II. Basic Understanding
a.For five men, this case literally meant life or death. b. In constitutional law, it provides guidance about the extent of legal
guarantees in
wartime.
III. Background
a.In 1864, during the Civil War, the Union Army arrested Lambdin Milligan and four other men in Indiana.
b.Charged with plotting to steal weapons and free Confederate soldiers held in prisoner- of war camps.
c.Pleaded under habeas corpus
d. President Lincoln issued a number of orders putting certain civilian areas in the North
under military control and imposing military law
e.Enabled the military to arrest and try civilians whom they suspected of being disloyal.
f.Constitution explicitly guarantees people the right to go to court and have a judge
determine if it is legal for them to be held, habeas corpus
IV. Decision
a.Supreme Court held that the President had gone too far
b.The Court stressed:
i. Indiana was not under attack ii. Milligan was not connected with Confederate military service, nor was he a prisoner
of war.
iii. He was arrested at home, not on a military maneuver.
iv. The courts in Indiana were open and functioning normally during the war. The
government could have charged him with treason and tried him in the courts, where he would have had the right to a jury and the
right to a fair trial, under the Constitution.
I. Result
a.Milligan was released from prison and never convicted by a civilian court