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Restraining Democracy The Threat of the Constitution

(repeatedly accused of representing the wealthy class) undeniably possessed far more power than did the House of Representatives (the only direct link to power for the people), another point of contention for the anti-Federalists. This fact offers an easy counterargument to the claim that the House gives the popular majority power in the new government. First, the length of office between the House (2 years) and the Senate (6 years) left the “people’s” branch less stable than the Senate, in terms of creating and following through with policies. The powers of the Senate far exceeded those of the House, even to the extent of possessing the power to either amend or reject legislative proposals by the House, and in effect, overriding the will of the people. The Senate also possessed the power, described in Article II, section 2, of “advice and consent,” requiring Presidential cabinet positions, Supreme Court nominations and treaties to be ratified by that branch of the Congress. This abundance of power given to the Senate tends to support the anti-Federalists’ idea of a potential oppressive aristocracy. Discussing the overwhelming power of the Congress, specifically the Senate, these comments were made, “This mixture of the legislative and executive moreover highly tends to corruption.” He continues by citing then-revered political philosopher Baron de la Montesquieu, "When the legislative and executive powers are united in the same person or in the same body of magistrates, there can be no liberty ." Equally as significant as the powers at the disposal of the Congress, stands the issues of how these officials are selected, and how representative of the interests and will of the people they would be. The fact that there were no popular elections, in terms of representatives to the Senate as well as the President, undermined the possibility of creating a truly representative govern...

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