Brief: Citizens’ Rights and Consequences of Congress and Government Following Unconstitutional Presidential Orders According to the Federalist Papers

The Federalist Papers, while primarily focused on the structure and function of the new government, indirectly addressed civil rights. They emphasized the importance of protecting individual liberties and the need for checks and balances to prevent tyranny, both from the government and from factions within society. The Federalist Papers highlight the importance of a strong, unified nation to protect individual rights and prevent the oppression of minorities by majorities, according to the Library of Congress Research Guide. The following is a brief based on the principles outlined in the Federalist Papers, focusing on citizens' rights and the consequences when Congress and government branches follow presidential orders that may violate these principles.

The Federalist Papers emphasize the importance of a balanced system of government built on the separation of powers, with each branch—executive, legislative, and judicial—holding distinct and limited powers to prevent tyranny. According to Federalist No. 51, the success of this system relies on each branch checking the others to uphold the Constitution and protect individual liberties (Madison, 1788).
 
CITIZENS’ ROLE AND RIGHTS
Citizens have a fundamental role in safeguarding the constitutional order. As outlined in the Federalist Papers, they can exercise their rights through civic engagement, advocacy, and holding elected officials accountable. Citizens must remain vigilant and oppose actions by Congress or branches of government that follow presidential orders in a manner that contravenes constitutional limits—such as illegal executive orders violating constitutional protections or exceeding delegated powers.
 
CONSEQUENCES OF FOLLOWING UNCONSTITUTIONAL ORDERS
When Congress or other branches follow presidential directives that violate constitutional principles, it undermines the system of checks and balances. This can lead to the erosion of civil liberties, concentration of power, and potential tyranny—outcomes the framers sought to prevent. Federalist No. 78 emphasizes the judiciary’s role in reviewing and invalidating laws or actions that conflict with the Constitution (Hamilton, 1788). Failure of Congress or courts to act against unlawful orders can diminish the rule of law and threaten democratic governance.
 
WHAT CITIZENS CAN DO

• Advocate and Protest: Citizens can organize and voice opposition through peaceful protests, petitions, and public discourse to demand accountability by Contact Congress Now!
• Elect Responsible Leaders: Voting for representatives committed to constitutional principles helps reinforce the system of checks and balances. 
• Legal Challenges: Citizens, legal organizations, or state officials can pursue judicial review to challenge unconstitutional actions or orders. 
• Engage in Civic Education: Understanding constitutional limits empowers citizens to recognize and oppose overreach.

According to the Federalist Papers, a healthy republic depends on active citizen participation and a government that respects the separation of powers. When government branches follow presidential orders in violation of constitutional principles, citizens bear the responsibility to defend the rule of law through legal action, civic engagement, and holding leaders accountable to prevent the erosion of constitutional freedoms. Take Action Now!
 
References
Madison, J. (1788). Federalist No. 51. In The Federalist Paper. 
Hamilton, A. (1788). Federalist No. 78. In The Federalist Papers.

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