The Mudcat Café TM
Thread #115854   Message #2536030
Posted By: Amos
09-Jan-09 - 10:37 AM
Thread Name: BS: Californians Oppose 'Prop 8' Gay Marriage Ban
Subject: RE: BS: Californians Oppose 'Prop 8' Gay Marriage Ban
"Federalist No. 10 continues the discussion of the question broached in Hamilton's Federalist No. 9. Hamilton there addressed the destructive role of faction in breaking apart the republic. The question Madison answers, then, is how to eliminate the negative effects of faction. He defines a faction as "a number of citizens, whether amounting to a minority or majority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." He identifies the most serious source of faction to be the diversity of opinion in political life which leads to dispute over fundamental issues such as what regime or religion should be preferred. However, he thinks "the most common and durable source of factions has been the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society." He saw direct democracy as a danger to individual rights and advocated a representative democracy (also called a republic) in order to protect what he viewed as individual liberty from majority rule, or from the effects of such inequality within society. He says, "A pure democracy can admit no cure for the mischiefs of faction. A common passion or interest will be felt by a majority, and there is nothing to check the inducements to sacrifice the weaker party. Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths."

Like the anti-Federalists who opposed him, Madison was substantially influenced by the work of Montesquieu, though Madison and Montesquieu disagreed on the question addressed in this essay. He also relied heavily on the philosophers of the Scottish Enlightenment, especially David Hume, whose influence is most clear in Madison's discussion of the types of faction and in his argument for an extended republic." (Excerpted from Wikipedia)

The present issue is a classic instance of factionalism as a danger to individual rights.

A