Assignment 5

The Federalist No. 54 James Madison “We subscribe to the doctrine,” might one of our Southern brethren observe, “that representation relates more immediately to persons, and taxation more immediately to property, and we join in the application of this distinction to the case of our slaves. But we must deny the fact that slaves are considered property, and in no respect whatever as persons. The true state of the case is that they partake of both these qualities: being considered by our laws, in some respects, as persons and in other respects as property. This relates to the 3/5 rule which considered every 5 slaves as 3 people when it comes to representation under the Constitution. Southerners considered slaves property until it became an advantage to them to consider them people. The states representation was apportioned by the number of people in each state for the House of Representatives. “ If southern States counted all slaves their representation in congress would increase but so would their share of the government's tax load. Northern States would argue if slaves are property they should be counted in estimates of taxation which are founded on property but excluded from representation based on census. We know how this was resolved in the Constitution so that the southern States would ratify it. ....”. http://www.teaparty911.com/info/federalist-papers-summaries/no_54.htm Alexander Hamilton Federalist 78 There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than the principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid. I think that this is giving power to the Supreme Court to uphold the Constitution and to review decisions in light of this document. The Supreme Court has duty to strike down laws that are in opposition to the Constitution. It is in keeping with the separation of powers and our “checks and balance” system of government. Hamilton was making sure that the legislature would not be able to pass laws that would redistribute wealth.