Federalist No. 44
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Federalist No. 44
Federalist No. 44 is an essay by James Madison, the forty-fourth of ''The Federalist Papers''. It was published on January 25, 1788 under the pseudonym Publius, the name under which all ''The Federalist'' papers were published. This essay addresses the Constitution's limitation of the power of individual states, something strongly decried by the Anti-Federalists, who sought a greater degree of sovereignty for the states. It is titled "Restrictions on the Authority of the Several States". Overview In this essay, Madison justifies many parts of the Constitution, specifically those sections which limit the powers of the states, give Congress full authority to execute its powers and establish the Constitution as the supreme law of the land. His discussion begins with article 1, section 10 (which limits the powers of individual states), wherein he justifies the outlawing of state sponsored privateering as consistent with not allowing states to conduct their own foreign policy, whic ...
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James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. Madison was born into a prominent slave-owning planter family in Virginia. He served as a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Unsatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention, which produced a new constitution. Madison's Virginia Plan was the basis for the Convention's deliberations, and he was an influential voice at the convention. He became one of the leaders in the movement to ratify the Constitution, and joined Alexander Hamilton and John Jay in writing '' ...
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The Federalist Papers
''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as ''The Federalist'' until the name ''The Federalist Papers'' emerged in the 20th century. The first 77 of these essays were published serially in the '' Independent Journal'', the ''New York Packet'', and ''The Daily Advertiser'' between October 1787 and April 1788. A compilation of these 77 essays and eight others were published in two volumes as ''The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787'', by publishing firm J. & A. McLean in March and May 1788. The last eight papers (Nos. 78–85) were republished in the New York newspapers between June 14 and August 16, 1788. The authors of ''The Federalist'' intended t ...
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Federalist No
The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''. History Europe federation In Europe, proponents of deeper European integration are sometimes called Federalists. A major European NGO and advocacy group campaigning for such a political union is the Union of European Federalists. Movements towards a peacefully unified European state have existed since the 1920s, notably the Paneuropean Union. A pan-European party with representation in the European Parliament fighting for the same cause is Volt Europa. In the European Parliament the Spinelli Group brings together MEPs from different political groups to work together of ideas and projects of European federalism; taking their name from Italian politician and MEP Altiero Spinelli, who himself was a major proponent of European federalism, also meeting with fellow deputies in the Crocodile Club. ...
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Pseudonym
A pseudonym (; ) or alias () is a fictitious name that a person or group assumes for a particular purpose, which differs from their original or true name (orthonym). This also differs from a new name that entirely or legally replaces an individual's own. Many pseudonym holders use pseudonyms because they wish to remain anonymous, but anonymity is difficult to achieve and often fraught with legal issues. Scope Pseudonyms include stage names, user names, ring names, pen names, aliases, superhero or villain identities and code names, gamer identifications, and regnal names of emperors, popes, and other monarchs. In some cases, it may also include nicknames. Historically, they have sometimes taken the form of anagrams, Graecisms, and Latinisations. Pseudonyms should not be confused with new names that replace old ones and become the individual's full-time name. Pseudonyms are "part-time" names, used only in certain contexts – to provide a more clear-cut separation between o ...
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Federalist Papers
''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as ''The Federalist'' until the name ''The Federalist Papers'' emerged in the 20th century. The first 77 of these essays were published serially in the '' Independent Journal'', the ''New York Packet'', and ''The Daily Advertiser'' between October 1787 and April 1788. A compilation of these 77 essays and eight others were published in two volumes as ''The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787'', by publishing firm J. & A. McLean in March and May 1788. The last eight papers (Nos. 78–85) were republished in the New York newspapers between June 14 and August 16, 1788. The authors of ''The Federalist'' intended t ...
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Anti-Federalists
Anti-Federalism was a late-18th century political movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution. The previous constitution, called the Articles of Confederation and Perpetual Union, gave state governments more authority. Led by Patrick Henry of Virginia, Anti-Federalists worried, among other things, that the position of president, then a novelty, might evolve into a monarchy. Though the Constitution was ratified and supplanted the Articles of Confederation, Anti-Federalist influence helped lead to the passage of the Bill of Rights. Nomenclature The name "Anti-Federalists" is a misnomer. It was imposed upon the movement by their opponents, the Federalists and it was supposed to mark them as men who "stood against the very political ideas they embraced". According to historian Carol Berkin: Main beliefs * They believed the Constitution needed a Bill of Rights. * They believed the C ...
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Sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derived ...
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Bills Of Attainder
A bill of attainder (also known as an act of attainder or writ of attainder or bill of penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and punishing them, often without a trial. As with attainder resulting from the normal judicial process, the effect of such a bill is to nullify the targeted person's civil rights, most notably the right to own property (and thus pass it on to heirs), the right to a title of nobility, and, in at least the original usage, the right to life itself. In the history of England, the word "attainder" refers to people who were declared "attainted", meaning that their civil rights were nullified: they could no longer own property or pass property to their family by will or testament. Attainted people would normally be punished by judicial execution, with the property left behind escheated to the Crown or lord rather than being inherited by family. The first use of a bill of attainder was in 1321 agains ...
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Ex Post Facto Law
An ''ex post facto'' law (from ) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may Criminalization, criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ''ex post facto'' law commonly called an amnesty law may decriminalize certain acts. (Alternatively, rather than redefining the relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered.) A pardon has a similar ...
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Necessary And Proper Clause
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause grants implied powers to US Congress in addition to its enumerated powers. Background According to the Articles of Confederation, "each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation ''expressly'' delegated" (emphasis added). Thus, the Continental Congress had no powers incidental to those "expressly delegated" by the Articles of Confederation.Vile, John. The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding', Volume 1, p. 591 (ABC-CLIO 2005). By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress, which no other clause in the Constitution does so by itself. The draft clause p ...
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Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution. The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with fede ...
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Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of adversaries) during battle, from the Latin '' congressus''. Political congresses International relations The following congresses were formal meetings of representatives of different nations: *The Congress of Aix-la-Chapelle (1668), which ended the War of Devolution *The Congress of Aix-la-Chapelle (1748), which ended the War of the Austrian Succession *The Congress of Aix-la-Chapelle (1818) *The Congress of Berlin (1878), which settled the Eastern Question after the Russo-Turkish War (1877–1878) *The Congress of Gniezno (1000) *The Congress of Laibach (1821) *The Congress of Panama, an 1826 meeting organized by Simón Bolívar *The Congress of Paris (1856), which ended the Crimean War *The Congress of Troppau (1820) *The Congress of Tu ...
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